Comparative law and legal universalism: An historical perspective

Abstract

At a time when world society is becoming increasingly mobile and legal life is internationalized, the role of comparative law is gaining in importance. One type of interest pertaining to knowledge and explanation in comparative law is associated with the traditional comparison de lege lata and/or de lege ferenda. Pursuant to this comparison are searches for models (both conceptual and substantive) for the interpretation of current law, or for the formulation and implementation of legal policy. Another type of interest is connected with the goal of integration, or at least harmonization and cooperation at a transnational or international level. The present paper considers the connection between comparative law and legal integration schemes from the viewpoint of legal history. It is believed that an historical examination of this connection can facilitate the understanding of some of the conceptual and practical challenges that the ongoing tendencies of globalization set for lawyers and jurists.