| Article | Methodology of Comparative Jurisprudence: Basic Elements and Problems |
|---|---|
| Authors | Damirli М. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 4 / 2014 |
| Pages | 184 - 196 |
| Annotation | The main blocks of methodology of comparative jurisprudence (properly comparative legal methodology, noncomparative methodological tools, conceptual and categorical apparatus and technique of comparative legal studies) are extracted in the article, also the cognitive capabilities of comparison as a methodological procedure are turned out, its types are considered, methodological problems which are faced by comparativists are analyzed: the problem of comparability/incomparability; the equivalence problem; the problem of universality; complementarity problem of scope and content (the dilemma of «causes vs. parameters»), the problem of interpretation and provision at that while ensuring value-neutrality. |
| Keywords | methodology of comparative jurisprudence, the system of the methodology of comparative jurisprudence, comparative legal approach, a comparison, types of comparison, the methodological problems of comparative jurisprudence. |
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| Electronic version | Download |