What is a comparative analysis in law?

What is a comparative analysis in law?

The essence of comparative law is the act of comparing the law of one country to that of another. Most frequently, the basis for comparison is a foreign law juxtaposed against the measure of one’s own law. But, of course, the comparison can be broader: more than two laws, more than law, more than written words.

What is the functional method of comparative law?

Second, functionalist comparative law combines its factual approach with the theory that its objects must be understood in the light of their functional relation to society. Law and society are thus thought to be separable but related. Consequently, and third, function itself serves as tertium comparationis.

What do you understand by comparative method?

In linguistics, the comparative method is a technique for studying the development of languages by performing a feature-by-feature comparison of two or more languages with common descent from a shared ancestor and then extrapolating backwards to infer the properties of that ancestor.

What do you mean by functional approach in law in jurisprudence?

In the context of American law, the terms functionalism and legal functionalism can refer to both a method of analyzing the law and explaining legal behavior as well as a method of interpreting constitutions and statutes.

What is the importance of comparative method?

Comparative methods seek evidence for adaptive evolution by investigating how the characteristics of organisms, such as their size, shape, life histories, and behaviors, evolve together across species. They are one of evolutionary biology’s most enduring approaches for testing hypotheses of adaptation.

What is the nature of comparative method?

The comparative method focuses primarily on producing empirical generalizations in the form of laws, correlations, models, typologies and classifications. To some extent, the results of the comparative analysis are descriptive and illustrative.

What is meant by functionality of the method of comparative law?

In its most prevalent form, functionalism in comparative law rests on the following three premises: (1) legal systems face similar problems; (2) for the same problem, different legal systems take different legal measures; (3) despite differing measures, legal systems reach similar results.

What is comparative method?

Comparative method is about looking at an object of study in relation to another. The object of study is normally compared across space and/or time. Comparative methods can be qualitative and quantitative. Often, there is a trade-off: the more cases to compare, the less comparable variables available and vice versa.

What is an example of the comparative method?

Two languages are genetically related if they descended from the same ancestor language. For example, Italian and French both come from Latin and therefore belong to the same family, the Romance languages.

What are the characteristics of the comparative method?

What is meant by comparative method?

The comparative method in historical linguistics is concerned with the reconstruction of an earlier language or earlier state of a language on the basis of a comparison of related words and expressions in different languages or dialects derived from it.

What are the steps involved in comparative method?


  1. Step 1, assemble potential cognate lists.
  2. Step 2, establish correspondence sets.
  3. Step 3, discover which sets are in complementary distribution.
  4. Step 4, reconstruct proto-phonemes.
  5. Step 5, examine the reconstructed system typologically.

Why is comparative method used?

The comparative method is used to reconstruct earlier forms of a language by drawing upon the evidence provided by other related languages. It may be supplemented by what is called the method of internal reconstruction.

What are the two type of method?

There are two types of instance method: Accessor Method. Mutator Method.