Various important debates have accompanied the growth and evolution of comparative law. These debates have been an important force behind the transformation of the methodology of comparative law during the last several decades. Comparative law has evolved away from a merely descriptive methodology that characterized the main contributions to this field prior to the 1950s. The subsequent methodological variants to comparative law followed a variety of analytical approaches, unveiling common elements behind apparently different legal rules as well as revealing substantive differences that existed across legal systems behind the apparent uniformity of black letter law. Here, the focus on comparative legal history and the identification of legal formants typical of the best scholars in comparative law of the second half of the twentieth century has generated important contributions, identifying synecdoches and articulating cryptotypes.Unlike prior methodological transformations within the field of comparative law, the influence of the 'comparative law and economics method' has been at the same time broad and controversial. Comparative law and economics is increasingly fashionable among academics. It is probably the most successful example of the recent expansion of law and economics into areas that were once considered beyond the realm of economic analysis. Its popularity notwithstanding, comparative law and economics also attracts several criticisms and generates academic skepticism. The critiques are often on point and highlight the many misuses of economic analysis in comparative law (and law in general) and the resulting misunderstandings and inadequacies of the claims generated by scholars that utilize this method of analysis. Since we are both practitioners of law and economics and one of us teaches comparative law, in this article we wish to shed some light on the multi-faceted structure of the comparative law and economics method, endorsing some the recent critiques moved to comparative law and economics while defending the merits of the methodology in its proper domain of application.
Quantitative Methods in Comparative Law / Luppi, Barbara; Francesco, Parisi. - STAMPA. - (2012), pp. 306-317. [10.4337/9781781005118.00027]
Quantitative Methods in Comparative Law
LUPPI, Barbara;
2012
Abstract
Various important debates have accompanied the growth and evolution of comparative law. These debates have been an important force behind the transformation of the methodology of comparative law during the last several decades. Comparative law has evolved away from a merely descriptive methodology that characterized the main contributions to this field prior to the 1950s. The subsequent methodological variants to comparative law followed a variety of analytical approaches, unveiling common elements behind apparently different legal rules as well as revealing substantive differences that existed across legal systems behind the apparent uniformity of black letter law. Here, the focus on comparative legal history and the identification of legal formants typical of the best scholars in comparative law of the second half of the twentieth century has generated important contributions, identifying synecdoches and articulating cryptotypes.Unlike prior methodological transformations within the field of comparative law, the influence of the 'comparative law and economics method' has been at the same time broad and controversial. Comparative law and economics is increasingly fashionable among academics. It is probably the most successful example of the recent expansion of law and economics into areas that were once considered beyond the realm of economic analysis. Its popularity notwithstanding, comparative law and economics also attracts several criticisms and generates academic skepticism. The critiques are often on point and highlight the many misuses of economic analysis in comparative law (and law in general) and the resulting misunderstandings and inadequacies of the claims generated by scholars that utilize this method of analysis. Since we are both practitioners of law and economics and one of us teaches comparative law, in this article we wish to shed some light on the multi-faceted structure of the comparative law and economics method, endorsing some the recent critiques moved to comparative law and economics while defending the merits of the methodology in its proper domain of application.
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