Bergling, Per --- "Legal Cartography and Comparative Law" [2010] ELECD 113; in Bakardjieva Engelbrekt, Antonina; Nergelius, Joakim (eds), "New Directions in Comparative Law" (Edward Elgar Publishing, 2010)

Book Title: New Directions in Comparative Law

Editor(s): Bakardjieva Engelbrekt, Antonina; Nergelius, Joakim

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443181

Section: Chapter 2

Section Title: Legal Cartography and Comparative Law

Author(s): Bergling, Per

Number of pages: 14

Extract:

2. Legal cartography and comparative
law
Per Bergling

I. INTRODUCTION
Diagnoses of entire legal systems are in great demand for purposes of
programming aid, facilitating membership of international organisations, and
rebuilding institutions shattered by war and crisis. Put simply, a range of
promoters of legal and judicial reforms need to know that the problems
discussed really exist and that proposed remedies will be effective in address-
ing them. However, most strategies and methods for diagnosing systems so far
have produced either fragmented or flawed descriptions. This chapter provides
an account of some of the most important methodological considerations for
the articulation of better strategies, and discusses three recent efforts to map
entire legal systems: `An Introduction to the Vietnamese Legal System';
`UNMIBH Judicial System Assessment Programme'; and `Comprehensive
Legal System Needs Assessment for Vietnam'.


II. OUR NEED TO KNOW
As any cartographer or physician would certify, a credible attempt at mapping
or diagnosing a hitherto new or little understood body requires a systematic
approach or methodology. This basic assumption must be considered valid
also for the mapping of legal systems or cultures. Indeed, such methodologies
are currently in great demand: Development agencies need them to underpin
legal reform and rule of law programmes, peace-builders need them to guide
the rebuilding of destroyed and disoriented judiciaries, and international
organisations such as the EU and the Council of Europe need them to deter-
mine whether countries are ready for membership.
While international organisations, developing agencies, and their experts
have experimented with ...