Comparative Law as Comparative Jurisprudence: The Comparability of Legal Systems

Valcke, Catherine

doi:10.2307/4144481

Cited by 21 publications

(2 citation statements)

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“…Because of sampling issues, it is also challenging to discover common principles encompassing all jurisdictions. Unlike the quantitative scientific methods that can use random sampling, comparative analysis has faced criticism for arbitrarily setting comparison targets without an objective standard (Valcke, 2004, p. 714). Specifically, the problem becomes worse when the comparison of subjective sampling attempts to derive a general principle that is universally applicable beyond the compared jurisdictions.…”

Section: Theoretical Ground For Comparative Urban Planning Lawmentioning

confidence: 99%

Methodology and framework of comparative urban planning law

Jeon

2023

JPPEL

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Purpose This study aims to systematise the methodology used in comparative urban planning law and propose primary contexts for comparison in planning law. Design/methodology/approach This study undertook a review of comparative law methodology discourse and sought to establish connections between the discourse and the field of planning law. Findings This study argues for establishment of a realistic goal for comparative planning law by focusing on the planning law's modifiability. The goal of comparison in planning law should not be to find universally desirable principles or better solutions. Rather, the goal should be to identify a motive for devising a solution. This is because it is not only difficult to establish legal values that are universally applicable to planning law but also inappropriate to determine superiority of planning laws that have been developed over time by each jurisdiction’s sovereignty and policies on land use. When determining comparable systems for analysis among legal systems that are functionally equivalent, it is important to consider the context of land use relations alongside the comparative analysis to be done. To set realistic goals, the context should not be extended indefinitely but be systematised. Based on the foundational relationship underlying planning law, including the tension between planning authorities and property owners, this study presents five specific contexts for comparative analysis: “Strength of Property Rights,” “Level of Judicial Intervention,” “Plan- or Development-led System,” “Allocation of Planning Power” and “Level of Participation.” Examination of these contexts will allow better understanding of the similarities and differences among different systems and practical application of the results of comparative studies. Originality/value This study presents a novel approach to systematising the methodology and framework of comparative planning law.

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Section: Theoretical Ground For Comparative Urban Planning Lawmentioning

confidence: 99%

Methodology and framework of comparative urban planning law

Jeon

2023

JPPEL

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“…Many experts on legal field predicted a similar convergence that will happen. Particularly, legal experts who follow functionalist comparatists believed that the concept of legal unification was desirable and inevitable in a legal order (Catherine Valcke, 2004).…”

Section: Harmonization As An Attempt To Bring Justice and Legal Assurmentioning

confidence: 99%

The Principles of Justice and Legal Assurance in Choice of Law for International Electronic Contract

Ali

2017

HTLJ

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Along with globalization, legal relationships between parties are not exclusively domestic since it also involves foreign element. As the result, it affects the usage of different legal systems in establishing a contract. Unlike commercial contracts in which the position between parties is equal, consumer contracts place the consumers unequally resulting in lameness and disproportion among consumers in terms of conveying a common will to choose the clauses of contract. The existence of injustice causes a key paradigm shift on contractual freedom from" both-sided autonomy" to "one-sided autonomy." Additionally, legal uncertainty will also appear particularly on the tug-of-use of the sea point based on whether unilateral, multilateral, or substantive choices of law. Such condition requires harmonization as necessity along with the legal context increasingly global.

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Comparative Law and Multicultural Legal Classes in Singapore: An Opportunity for Enhanced Understanding

Jamal

2020

Ius Comparatum - Global Studies in Comparative Law

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Comparative Law as Comparative Jurisprudence: The Comparability of Legal Systems

Cited by 21 publications

References 0 publications

Methodology and framework of comparative urban planning law

Methodology and framework of comparative urban planning law

The Principles of Justice and Legal Assurance in Choice of Law for International Electronic Contract

Comparative Law and Multicultural Legal Classes in Singapore: An Opportunity for Enhanced Understanding

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