Chapter 16: Modern Comparative Law: The Forces Behind and the Challenges Ahead in the Age of Transnational Harmonisation
Peter-Christian Müller-Graff1 Modern comparative law: the forces behind, the challenges ahead – this panoramic double view at the very end of this book tries to bundle together the questions which are generated by the plentitude of new dynamics in comparative law made visible in the preceding contributions. It tries to give a tentative answer to the overarching question of whether comparative law, in other words the specific method of functional understanding of different legal systems in different political, economic, social and cultural contexts, has assumed or had thrust upon it a changing role compared to the time of one generation ago. Key-note lectures and workshops of the conference that forms the backdrop for this volume have been devoted to the context of comparative law in legal aid and development, to comparative constitutional law and to comparative private and economic law. These topics have been stretched out into analysing specific aspects such as: firstly, the general merits of the comparative view in legal aid and development for drawing inspiration, for creating legal transplants and for distinguishing domestic characteristics from features in other jurisdictions when shaping the rule of law and the role of courts, human rights and market freedom in a national legal system which is autonomously developed and not colonialised by foreign claims; secondly, the specific tendencies in comparative constitutional law in considering the relevant complex local power context for fixing national power distribution as well as governmental legitimacy and accountability and judicial review, for generating basic rules of the...
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