Rechtsvergleichung als Erkenntnismethode. Historische Perspektiven vom Spätmittelalter bis ins 19. Jahrhundert

Heinz Mohnhaupt


Studien zur europäischen Rechtsgeschichte 328
Frankfurt am Main: Klostermann 2022, X, 247 S.

ISSN 1610-6040
ISBN 978-3-465-04536-6

Comparison as a method of knowledge production has a long tradition. Today, it is used in nearly all academic disciplines, and comparative law has become an important part of the study of law. The encounter between different legal orders requires both practitioners and scholars to examine the applicability of competing bases for decision-making and the possibility of their unification.

Comparative law has always played a major role for the state, the constitution and society as jurists sought to identify the best possible solutions from a range of legal options. The essays collected here explore the forgotten historical dimensions of this – itself largely diachronically oriented – method of knowledge production. They examine strategies of comparative practice from the Late Middle Ages through the early modern period and into the 19th century, and look at knowledge acquisition from the perspectives of both cultural and legal history.

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