Author(s)

Arnaldo Sampaio de Moraes Godoy, Gustavo Ferreira Ribeiro

Department of Law, University Center of Brasília (CEUB), Brasília, Brazil.

Comparative law involves the study of legal systems in different countries and the comparison of their similarities and differences. The field raises the open-ended question of whether it is a discipline or a method. This essay posits that this quarrel is irrelevant. Through historiographic rescue and bibliographic research, the essay summarizes several theoretical and referential contributions of comparative law. This includes founding fathers from Greek and Roman tradition, authors of the twentieth century, as well as its most recurring discussions in light of globalization. As a result of the research, it is emphasized that comparative law faces practical and operational problems that deserve attention. The relevance of problems of translations of legal concepts, the scope of legal families, model transposition, and sources of law make the “method or discipline” debate useless.

Comparative Law, Founding Fathers, Epistemological Dilemmas, Methodological Problems, Directions

de Moraes Godoy, A. and Ribeiro, G. (2023) Comparative Law: An Effort of a Historiographical Rescue and Methodological Issues. Beijing Law Review, 14, 1910-1929. doi: 10.4236/blr.2023.144105.