Formation of Comparative Law and Comparative-Legal Methodology

Abstract

The article deals with the theoretical research aimed at studying the development of comparative law and comparative legal methodology, discloses the stages of the development of comparative methods in the framework of scientific legal systems, and establishes key ideas for the development of the modern jurisprudence. In the process of conducting the research, the specifics of the methodology and cognizance of comparative legal trends were established and the distinctive features of the development of the national comparative law were shown. The main issues relating to the existing methodology of comparative jurisprudence were revealed and the ways of solving them were presented. It was shown that further development of legal comparative studies as a relatively independent branch of the legal science would make it possible to have a positive influence on the entire system of jurisprudence, the development of professional knowledge and the skills of lawyers. The recommendations proposed would contribute to the expansion and strengthening of the socially fair society governed by law. It was established that scientists doing comparative studies pay attention to the research of national and international law from the comparative point of view thus enriching the legal science with new knowledge. The necessity of unity between the classical theory of jurisprudence and specific areas of law was proved, which would significantly expand the formation of the new approach to the development of legal comparative studies. It was shown that the need to solve the above problems is justified by the processes of the legal comparative studies. It was noted that the use of the comparative analysis would ensure the interaction of science and practice, the unity of science with the interests of society and the values thereof.