Perspective pluridisciplinare în hermeneutica juridică comparatistă
Pluridisciplinary Perspectives in Comparative Legal Hermeneutics
Author(s): Andrei-Alexandru SolomonSubject(s): History of Law, Sociology of Law, Comparative Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: comparative law; comparative method; legal cultures; multidisciplinary perspectives.
Summary/Abstract: Comparative law does not imply only the comparative method of research of legal systems (macrocomparison) or similar legal institutions in distinct legal systems (microcomparison). As stated in the postmodern legal literature, in contrast to its ”classic” definition, comparative law is not limited to a simple method, but is a genuine autonomous science, whose object is to create a new legal perspective by analysing and understanding law in context. Beyond a comparison that highlights similarities and differences through juxtaposition, the comparative law, understood as a science in its own right, takes into account the substantial understanding of: the alterity in law, the dialogue and legal acculturations that are constantly carried out in the interaction between legal cultures, respectively between lawyers and their peers from different legal systems. Thus, given its crucial role in the process of harmonising legal rules (e.g. in the case of European law), as well as the fulfilment of the above mentioned ideals, comparative law naturally interacts with other legal disciplines, borrowing and integrating their specific methods.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LXXI/2025
- Issue No: 1
- Page Range: 49-58
- Page Count: 10
- Language: Romanian
