Table of Contents

Methods of Comparative Law

Methods of Comparative Law

Research Handbooks in Comparative Law series

Edited by Pier Giuseppe Monateri

Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the ‘comparative law and economics’ approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends.

Chapter 1: Methods in Comparative Law: An Intellectual Overview

Pier Giuseppe Monateri

Subjects: law - academic, comparative law


Pier Giuseppe Monateri 1. INTRODUCTION In this chapter I explore the dominant paradigm – meant as a purposive system of thought – which has inspired my research in the field of Comparative Law. Tracing back the roots of my intellectual path as a comparatist scholar, I meet with a specific methodology known as the ‘formant approach’. Consequently, in the following pages I move from this kind of approach to revise the standard comprehension of comparativism in general and comparative law in particular. To reach my goal, I divide the chapter into two sections. The first is a brief summary of the basic tenets of this kind of approach to Law, in order to introduce the reader to the steps to be followed in using this method. The second is devoted to applying the formant approach with the aim of both dismantling the ideological substrate veiled by conventional views and discovering the deeper potentialities of Comparative Law. This kind of ‘aletheic’ operation, meant as the generative source of the interpretative tradition, allows me to discuss and to reassess three main issues: 1. 2. 3. the nature of Comparative Law as academic discipline and its aim of providing tools for global governance of the legal field in today’s world; the process of definition of Legal Origins and law reforms made by the World Bank; the Jurisprudential implications of this approach. 2. THE BASIC METHOD OF THE ‘FORMANTS APPROACH’ IN COMPARATIVE LAW The theory of legal formants, also known as the dynamic approach...

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