The Editor's Introduction: The End of Comparative Law?
| Date | 01 April 2016 |
| Published date | 01 April 2016 |
| DOI | 10.1177/1023263X1602300207 |
| Subject Matter | Legal Debate |
350 23 MJ 2 (2016)
LEGAL DEBATE
THE EDITOR’S INTRODUCTION:
THE END OF COMPARATIVE LAW?
Legal Research Methods for the 21st Century
e 20th century has seen a major rise of comparative law as a research methodology
in Europe and around the world. A shared understandi ng took hold that important
conclusions on the development of law can be drawn by comparing d i erent legal
systems with each other and by analyzing the advantages and drawbacks of di erent
rules exist ing in di erent countries. I n Europe, the creation of the European Union a er
the Second World War certainly had a strong in uence on the rise of this discipline.
Due to an increased harmonization and Europea nization of laws in the EU, comparing
the di erent legal systems with each ot her became even more import ant. During t he
1990s, this led to t he establishment of educational programme s focusing on comparative
law, the founding of research schools such as the Ius Commune Research School (1995),
focusing on the common legal heritage of European countries, and the creat ion of
academic journals such as t he Maastricht Journal of European and Comparative Law
(199 2).
Twenty years later, some of the enthusiasm over comparative law has vanished. Its
methodological li mits have been exposed, and on the pract ical side, research approaches
have moved on, also in order to respond to new challenges such as the nancial crisis:
compared to its early years, much is k nown by now about the di erences in lega l systems,
much has also already been ach ieved by way of harmonization in Europe, wh ilst many
are disappointed by the li mited extent of such harmonization projects. Particu larly at
the EU level, methodologica l approaches have moved to ‘ev idence based’ policy making
emphasizing empirical d ata or law and economics.
Many questions arise: is t here still a need for comparative law in a world in which
the focus has shi ed towards the creation of transnational legal systems, either as a
more general approach or as an indiv idual research met hodology? If so, how can the
methodology overcome its current shortcom ings? If not, what alternative research tools
can we develop to better gras p a uid legal world?
e Maastricht Journal harbours comparative law as one of its agship elds of
academic research. Hence, it is natura l – and necessar y – that it is at the helm of the
growing re ection on the future of this eld. We wou ld therefore like to embark on a new
academic journey, with no precise end in sight. A jou rney that will lead us to explore the
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