ro fr
universul juridic magazin
Revista Română de Drept Privat

The comparative law between the classical and postmodern law. Several methodological reflections

The 1990s brought a radical change in relation to the theoretical and methodological reflection in the matter of judicial comparison. We became aware not only of the shortcomings of the idea accumulations in the comparative law of the middle of the 20th century, but a true change of the ideological paradigm occurred, as well. In the context of the strong accession of the critical movement in the study of law, as well as under the strong influence of the postmodern relativism, the concepts that the comparative law had settled out until 1980s were subject to a strong criticism and even completely rejected at a given time. Generally speaking, the new critical trend showed its interest in the judicial cultures, in postulating the differentiation in law and in a thoroughly contextualized legal analysis. The ideological break which emerged, reflected itself in a conceptual way through a theoretical distinction between the future significance of the classical comparative or traditional law and critical or postmodern(ist) compa rative law. This range of action led to the emergence of an ideological stress between the two perspectives, shown in a complex manner in relation to the need for a theoretical and methodological reflection, a definition, a subject matter, goals and methodology. The following pages are intended to comprehend this evolution, focusing on the need for reconcilement between the classical comparative law and the postmodern comparative law.