ABSTRACT
In several contributions Pier Giuseppe Monateri sheds light on some ways of conceiving the aims of comparative law, as well as on its own unspoken potentialities: a tool for global governance, as well as an indirect source of law providing courts with persuasive arguments, just to list some examples.
The aim of this chapter is to continue exploring this idea in order to underline how comparative law, and legal formants in particular, offer assistance in uncovering normativity in complex contexts.
The growing complexity of society, institutions and legal professions that operate more and more within transnational, intercultural and multilingual legal backgrounds requires a constant planning that often reveals to be cutting edge. Recent projects are faced with new challenges which, although positive, might delay their actual final establishment.
Some of these complex legal phenomena which are positive on one hand, yet entropic on the other, need to be analysed within their conceptual and semantic legal core through the comparative method. Comparative law, in fact, contributes to identify the objective rule and, consequently, the most consistent and systematic development for a specific given context. At the same time, one of its methods, the theory of formants, together with its original capacity of normative deconstruction, has proved the capacity of penetration into these complex, new environments and to contribute to visualise their composition also in terms of non-legal elements.
This chapter represents an attempt to combine traditional comparative law methodologies, mainly the theory of legal formants, and unexplored contexts into Monateri’s research framework, with the aim of suggesting comparative law not only as a tool, but even as a catalyst, able to uncover normative realities.
