Historical Comparison as Method of Cognition. The Comparative Observation of Law and State in 18th Century Cover Image

Historische Vergleichung als Erkenntnismethode. Die vergleichende Beobachtung von Recht und Staat im 18. Jahrhundert
Historical Comparison as Method of Cognition. The Comparative Observation of Law and State in 18th Century

Author(s): Heinz Mohnhaupt
Subject(s): Comparative Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: comparison; comparative methods; comparative law

Summary/Abstract: The comparison and comparation (also comparatio, comparative studies) present today a general method of cognition for determining similarities and differences in society. Most sciences (law, anatomy, politics, languages, culture etc.) have their own comparative foundations, although these form separate disciplines or methods. Comparative law has been developing as a science since the 19th century. The historical background and discussion about the purpose and benefits of comparison are discussed in this article. They originate mostly in the universalism of the Enlightenment philosophy, the practical approach of which, is based on comparative methodological principles, which it uses for legal development of the state and society. In the 18th century, this mainly involved determination of the “interest” of the state and creation of a systematic codification.

  • Issue Year: 51/2021
  • Issue No: 1
  • Page Range: 31-50
  • Page Count: 20
  • Language: German