GENESIS OF COMPARATIVE JURISPRUDENCE AS EDUCATIONAL DISCIPLINE AT GERMAN UNIVERSITIES IN THE FIRST HALF OF THE 19th CENTURY

10.12737/1001 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 3-14
Author(s):  
Алексей Кресин ◽  
Aleksey Kresin

The transformation of higher legal education in the German states in 1810–1820s has been investigated on the basis of the new scholarly materials, entered into the scientific use. The author comes to the conclusion about the interrelation between of pozitivist and komparativist aspects. At the heart of a complex of disciplines devoted to comparative legal knowledge of foreign law, was the idea of comparative law as a relatively independent legal science. Also, there is the relation of this discipline with the comparative history of the law.

1939 ◽  
Vol 7 (1) ◽  
pp. 94-110 ◽  
Author(s):  
M. Schmitthoff

In the course of the recent revival of the study of Comparative Law, repeated attempts have been made to define the nature and province of this branch of the law. Some writers maintain that Comparative Law represents a method of study rather than a department of legal science. They point to the fact that the technique of comparing different legal systems can be employed in almost every branch of the law and that Comparative Law, unlike the branches of positive law, does not fulfil a definite function in the life of society. In particular, writers on jurisprudence and history such as J. Bryce, Holland and Professor Jenks are inclined to subscribe to this view. Among the jurists who have made a special study of Comparative Law, Professor Gutteridge and Professor Kaden are strongly in favour of this view. Professor Gutteridge says: ‘The comparative method lends itself to the study of any branch of legal learning.’ According to Professor Kaden, it is the province of Comparative Law to disclose the points of agreement and difference in the solution which is provided by several legal systems for the same legal problem. The learned writer denies, however, that it is the function of Comparative Law to found a system of legal abstractions on the results of factual comparison. On the other hand, a number of students of Comparative Law consider their subject as a special branch of the science of law. Professor Saleilles, Professor Lambert and Professor Rabel support this view.


Author(s):  
Arthur Hutcheson Bailey ◽  
Archibald Day

In a note in the introduction to Milne's Treatise on Annuities, the author remarks—“There can, I think, be no doubt but that the mortality is greater among the higher than the middle classes of society. They form too small a proportion of the population to have any sensible effect here; but it would be of importance to the Life Offices to determine the law of mortality among them.” Since the publication of this work, forty-six years ago, some attempts have been made to test the accuracy of this assertion, and to supply the desideratum; but none with which we are acquainted are by any means conclusive.


Legal Studies ◽  
2001 ◽  
Vol 21 (3) ◽  
pp. 444-459 ◽  
Author(s):  
Geoffrey Samuel

This paper argues that comparative law should become a core subject in all law degree programmes. By ‘core’ is meant a progression subject that will take the student through a three-year programme emphasising not what the law is but how one should think like a lawyer. Comparative law is ideal for this task because it emphasises two fundamental questions: what is ‘comparison’? And what is ‘law’? The paper demonstrates, first, how the rule model of legal knowledge is inadequate when it comes to comparing law and, second, how the techniques of comparison can reveal this inadequacy. These demonstrations are primarily founded upon a distinction, explained in the paper, between symbolic and non-symbolic knowledge.


2017 ◽  
Vol 20 (6) ◽  
pp. 558-563 ◽  
Author(s):  
Johan Fellman

In the 19th century, a series of international statistical congresses introduced common rules for the national demographic registers. This activity contributed to the genesis of statistical research. During the history of twin research, Hellin's law has played a central role because it is an approximately correct association between the rates of multiple maternities. However, it has been mathematically proven that Hellin's law cannot hold exactly. The majority of all studies of Hellin's law are based on empirical rates of multiple maternities. Such studies can never confirm the law, but only identify errors too large to be characterized as random. It is of particular interest to examine why the rates of higher multiple maternities are sometimes too high or too low when Hellin's law is used as a benchmark. However, divergences from the law are often difficult to explain and/or eliminate. Different improvements to the law have been proposed. In this article, we study the seasonality of multiple maternities. We apply Hellin's law to compare the seasonality of twin and triplet rates.


2018 ◽  
Vol 2 (2) ◽  
pp. 120
Author(s):  
Jean-Louis Halpérin

<p><strong>RESUMÉ:</strong></p><p>La réflexion sur la diversité des approches méthodologiques en droit comparé n’a guère porté, au cours de ces dernières décennies, sur le droit pénal. Cette relative lacune de la littérature tient à une conception d’un droit pénal universel qui connaîtrait seulement quelques variations dans la sévérité plus ou moins grande de la répression. Il apparaît pourtant utile pour les comparatistes d’identifier de manière historique les développements de la discipline du droit pénal et de considérer que le champ pénal n’est pas identique à lui-même à travers le temps et l’espace. Cette contribution s’attache à montrer comment la spécialisation des pénalistes, à partir du XIXe siècle, s’est accompagnée longtemps d’une démarche comparative avant que ne s’installe une sorte de désintérêt pour la comparaison des infractions reconnues ou non par les différents ordres juridiques étatiques. Or, la prise en compte des phénomènes de criminalisation et de décriminalisation montre à quel point ces droits étatiques sont susceptibles de converger ou de diverger, en présentant des configurations beaucoup plus complexes que les traditionnelles familles de droit. En recourant à la théorie du droit, le droit pénal comparé alimente la réflexion sur la place des lois prohibitives, leur éventuelle relation avec des normes culturelles et le recours à des interdits dans des domaines qui font l’objet dans d’autres pays à des lois permissives.</p><p> </p><p><strong>RESUMO:</strong></p><p>A discussão sobre a diversidade de abordagens metodológicas em direito comparado, no decorrer das últimas décadas, pouco se debruçou sobre o direito penal. Esta lacuna se deve à uma concepção de direito penal universal que admitiria apenas variações no grau de severidade da repressão. Contudo, para os comparatistas mostra-se útil identificar historicamente o desenvolvimento da disciplina de direito penal e considerar que o campo não se mantém inalterado através do tempo e do espaço. Este trabalho visa mostrar como, a partir do século XIX, a especialização de penalistas foi acompanhada por muito tempo de uma abordagem comparativa, antes de que se instalasse um desinteresse pela comparação de infrações reconhecidas -ou não- por diferentes ordenamentos jurídicos estatais. A compreensão dos fenômenos de criminalização e descriminalização mostra até que ponto os direitos estatais são suscetíveis de convergir ou divergir, apresentando configurações muito mais complexas que as tradicionais famílias de direito. Assim, utilizando-se da teoria do direito, o direito penal comparado incita a reflexão sobre o papel das leis proibitivas, sua eventual relação com normas culturais e a possibilidade de proibições em determinadas matérias serem objetos de leis permissivas em outros países.</p><p> </p><p><strong>ABSTRACT:</strong></p><p>The discussion about the methodological diversity in Comparative Law has barely touched upon criminal law. This gap in the literature is due to a conception of universal Criminal Law in which only variations regarding the severity of crime’s repression would be admitted. Nonetheless, the historical study of Criminal Law along with the reflection on changes in the discipline through time and space has proven to be useful for comparatists. The aim of this study is to show how the specialization of scholars of Criminal Law, since the 19th century, had been accompanied by a comparatist approach before a pervasive disinterest in comparing infractions under different legal systems came to be the rule. The phenomena of criminalization and decriminalization reveal to what point legal systems converge or diverge in a more elaborated way than those depicted by the traditional division of legal systems. Thus, Comparative Criminal Law, using the insights from Legal Theory, stimulates reflections on the role of prohibitive laws, their relation with cultural norms, and the possibility of a prohibition being permitted elsewhere – i.e. other countries.</p><p> </p>


2011 ◽  
Vol 4 ◽  
pp. 95-107
Author(s):  
Zsuzsanna Peres

Land Politics in Hungary between the Two World Wars The paper discusses the Hungarian legislation that regulated the ownership referring to real property in the period between the World Wars. The discussion included also the review of the law on colonization and division of the land, as well as the law on bank loans offered to those who were professionally engaged in farming. In addition, the authoress made an analysis of the archaic institution of fideicomissum. While depicting the background of legislative efforts of the time, the authoress recalled the developments that took place prior to the discussed changes in the ownership relationships. Therefore she discussed also the 19th century reforms that abolished serfdom and serf labour, introduced the land and mortgage register etc.


2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Katalin Kanczné Nagy

The study explores the possibilities of becoming an industrialist by examining an industrial law published in the second half of the 19th century. It focuses on the process of children and young people becoming industrialists. It shows what conditions and permits were needed to start the industry. It highlights the rules that have played a role in educating apprentices. From the analysis, we can form a picture of the contemporary process of becoming an apprentice, the life of the child, the circumstances of their schooling. The range of professions available in the late 1800s is also presented. At the same time, the spirit of the law, its values, and its commitment to the development of industry are outlined.


2020 ◽  
Vol 17 (4) ◽  
pp. 69-77
Author(s):  
Józef Koredczuk

August Heylman is one of the forgotten lawyers of the Kingdom of Poland in the 19th century. He was a practician, holding high positions in the then administration and judiciary of the Kingdom. At the same time he occupied himself with scholarly activity. He was one of the main advocates of the historical school of law in the Polish legal science in the 19th century as well as a co-creator of one of the best-known Polish scientific journals edited under the title Themis Polska.


2020 ◽  
Vol 1 (1) ◽  
pp. 111-130
Author(s):  
Herbert Küpper

Comparative law has many facets. It often consists of basic research for academic purposes, but it may have a practical side as well. A genuine combination of basic and applied comparative legal research are expert opinions on foreign law for adomestic court. The expert researcher has to fully comprehend the foreign law on the books as well as in action, and has to be able to translate this foreign law into the legal background of the domestic court and into the procedural setting of the law-suit at hand. Taking the ‘Munich Institute for East European Law’ as an example, this essay describes the continuous basic research as a prerequisite for expertise on foreign law, as well as the practice of writing expert opinions for courts of law and authorities with regard to the law of the formerly socialist countries in Europe.


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