By DeCruz, Peter de Cruz
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Extra resources for Comparative Law in a Changing World
Sample text
Subsequently, the EC heads of government then committed themselves to establishing progressively a single market over a period expiring on 31 December 1992. This pledge has been included in a collection of treaty reforms known as the Single European Act 1986, which came into operation on 1 July 1987. The key to effective comparative analysis is to collect sufficient materials and information which will enable the comparatist to place the particular legal rule or institution or branch of law in context.
The eventual result was a conceptual, systematic law produced to a high level of abstraction in the German Codes, really very different from the French Codes in their tone, mode of expression and extraordinary precision. But, these two traditions may legitimately be classed together since, for example, they both adopt codifications as their preferred style and both work from the general to the particular in their method of legal reasoning. Similarly, the primacy of legislation is therefore common to both systems, with codes and enacted law being primary sources of law.
An isolated system cannot explain itself, still less explain its history’ (Maitland, Collected Papers (1911) pp 488–89). 9 Comparative Law in a Changing World Legal history is a vital precondition to the critical evaluation of the law and an understanding of the operation of legal concepts, which is a primary aim of comparative law. As some jurists have put it, comparative legal history is ‘vertical comparative law’, and the comparison of modern systems is ‘horizontal comparative law’. Legal ethnology has historically concentrated on those so called primitive societies which are not yet equipped with the trappings of modern civilisation.
