Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 22 November 2019

Abstract and Keywords

Methodological investigations should abstain from normatively imposing one's own epistemological interests on others. This article analyses different forms of comparison and comparative knowledge in order to clarify these ideas. Two lessons may be particularly important for the comparative lawyer. First, historical linguistics reminds other comparative disciplines not to be content with judgments of similarity. Unearthing genetic relations between different systems may add considerably to comparative knowledge. The second lesson concerns the conceptual and theoretical structure of tertia comparationis. Of course, lawyers have always been aware of the fact that comparison may entail the necessity of developing suitable instruments for neutrally describing the legal systems compared. But compared to practitioners of comparative religion or comparative history, lawyers have made relatively little progress in this regard.

Keywords: comparative judgments, historical linguistics, tertia comparationis, neutral legal system, comparative history

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.