"Preface" [2012] ELECD 757; in Clark, S. David (ed), "Comparative Law and Society" (Edward Elgar Publishing, 2012)

Book Title: Comparative Law and Society

Editor(s): Clark, S. David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849803618

Section Title: Preface

Number of pages: 5

Extract:

Preface* 1




The field of comparative law and society embraces the common or overlapping area of
two constituent disciplines: comparative law, and law and society. That means that some
comparative law aims, typically among many professional objectives and methods, such
as most statutory interpretation and case analysis, would be of little interest to socio-legal
scholars. Conversely, sociological or cultural aims and some professional objectives in
comparative law, such as institution building, normally would be of interest. On the other
side, socio-legal research that focuses on a single legal jurisdiction in which the compara-
tist resides--by itself--would not be useful to comparative law. Only when the researcher
combines that work with other similar research on a foreign jurisdiction does the compa-
ratist's curiosity arise.
Approaches to comparing legal systems or parts of legal systems often involve a broad
view for the discipline of comparative law, something other than the narrow focus on legal
rules for a professional or practical purpose. Since there have been many philosophies and
definitions of law, ideas about legal systems have been similarly diverse. A legal system
may refer to the rules of a tribe, city, nation, the international order or the natural rules
for humankind itself. If the purpose of investigation is to accumulate knowledge or to test
general explanatory propositions, it may be relevant for socio-legal scholars.
In general, a system involves regular interactions among elements that together make
up an entity with boundaries. Thus, lawyers, judges, legislators, administrators, ...