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Should Different Types of Methodology in Comparative Legal Research Be Combined in the One Method?

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Basedow,  Jürgen
MPI for Comparative and International Private Law, Max Planck Society;

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Abstract
Comparative law, an important legal method, is becoming ever more relevant in a globalized world. Different methods exist in comparative legal research despite the effort of the discipline to combine them. Whereas the so-called functionalists only look at the written law, the “law as culture”-approach demands for taking into consideration also the surrounding factors and conditions such as religion, society or economic situation. Another dispute exists between the micro comparative research, which concentrates on single elements and the macro comparative research considering whole legal systems. JÜRGEN BASEDOW has collected long-time experience regarding comparative law and concludes that the one method is unrealistic, yet not even helpful. In this video he explains why it is rather useful to accept the coexistence of different methodologies, which can be applied depending on the examined problem, its background and the goal of its analysis.