Gunter Frankenberg (Goethe-Universität)

Introduction to critical comparative law

Abstract: Comparative law offers some 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. This skepticism challenges the notion that objective comparison is attainable, as it posits that individuals are inevitably bound by their subjective experiences and perspectives. Nevertheless, proponents of comparative law contend that while complete objectivity may be elusive, critical and rigorous methodological approaches can facilitate more nuanced comparative analysis.