Domenico di Micco

Comparison tested against a changing world

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Abstract

Comparison is a rather recent experience in the legal analysis. In fact, only by starting from the 20th century, jurists began to analyse the legal phenomenon through the lens of its own diversity. This step became possible essentially thanks to the different methodological contributions deriving from structuralism, historicism and functionalism that made the comparative approach a valuable tool to understand the 20th century and the complexity of its law. Today the 20th century is over. The world seems to be changing very fast. Human societies are rapidly evolving their challenges and their needs and that requires the law to speed up and to make profound changes. What does it imply for the comparative analysis of law and for its methods?

Keywords

  • Comparative methods
  • Structuralism
  • Historicism
  • Functionalism
  • Liquid world

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