Müller-Graff, Peter-Christian --- "Modern Comparative Law: The Forces Behind and the Challenges Ahead in the Age of Transnational Harmonisation" [2010] ELECD 128; 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 16

Section Title: Modern Comparative Law: The Forces Behind and the Challenges Ahead in the Age of Transnational Harmonisation

Author(s): Müller-Graff, Peter-Christian

Number of pages: 16

Extract:

16. Modern comparative law: the forces
behind and the challenges ahead in
the age of transnational
harmonisation
Peter-Christian Müller-Graff1
Modern comparative law: the forces behind, the challenges ahead ­ this
panoramic double view at the very end of this book tries to bundle together the
questions which are generated by the plentitude of new dynamics in compar-
ative law made visible in the preceding contributions. It tries to give a tenta-
tive answer to the overarching question of whether comparative law, in other
words the specific method of functional understanding of different legal
systems in different political, economic, social and cultural contexts, has
assumed or had thrust upon it a changing role compared to the time of one
generation ago.
Key-note lectures and workshops of the conference that forms the backdrop
for this volume have been devoted to the context of comparative law in legal
aid and development, to comparative constitutional law and to comparative
private and economic law. These topics have been stretched out into analysing
specific aspects such as: firstly, the general merits of the comparative view in
legal aid and development for drawing inspiration, for creating legal trans-
plants and for distinguishing domestic characteristics from features in other
jurisdictions when shaping the rule of law and the role of courts, human rights
and market freedom in a national legal system which is autonomously devel-
oped and not colonialised by foreign claims; secondly, the specific tendencies
in comparative constitutional law in considering the relevant complex ...