ABSTRACT

This chapter considers the aims of comparative law and focuses on how the de-emphasized theoretical discussions and foundations of comparative work influence the various comparative approaches. Comparative Law is somewhat like traveling. The traveler and the comparatist are invited to break away from daily routines, to meet the unexpected and, perhaps, to get to know the unknown. Comparative law offers the same opportunities and risks. It can be an opportunity for learning, for organizing and allowing us intimacy with the world. The enterprise moves on to a critique of the skeptical assumption that objective comparison is impossible because the comparatist's vision is totally determined by her specific historical and social experience and perspective. The strain on a practice that must justify itself by appeal to these contradictory explanations is evidenced by the fact that comparative legal training is still not considered of prime importance in legal education and practice.