Paradigms for the development of comparative law: from problems of general methodology to issues of private law

 
PIIS199132220029604-0-1
DOI10.61205/S199132220029604-0
Publication type Article
Status Published
Authors
Affiliation: Institute of legislation and comparative law under the Government of the Russian Federation
Address: Russian Federation, Moscow
Journal nameJournal of Foreign Legislation and Comparative Law
Edition
Abstract

Abstract. Authors of legal research and drafters of legislation constantly turn to and actively use foreign experience; law schools offer special and basic courses in comparative law. However, legal theory and methodology of law, not to mention industry developments, practically do not address the substantive specifics of comparative law as a branch of knowledge, its methodology, limitations and possibilities of application. This article is dedicated to this scientific issue. In the evolutionary development of law, such phenomena as reception and legal transplantology and implantation are considered, the conditions for the application of comparative law are formulated and justified. Special attention is paid to the challenges and requests addressed to comparative law at the present stage of development of the state and law. The author’s formed picture of the understanding and presentation of comparative law made it possible to present the shortcomings and insufficient elaboration of individual stages of reform of Russian civil legislation with a focus on the experience of “developed legal orders.” The issues discussed in the article are important for practical application and the legislative process, academic training and research work of legal scholars.

KeywordsKey words: methodology and methods of comparative law; functions and capabilities of comparative law; comparative law in lawmaking, law enforcement, legal science and education.
Received11.01.2024
Publication date19.01.2024
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