UDK 340.5
Author
Husein Kavazović
Abstract
Since the second half of the 19th century, there are ceaseless discussions about comparative law. They were particularly present among the legal methodologists and historicists, both on the East and the West. What is the comparative law: scientific discipline or a legal method? This work does not hold the ambition to judge neither of the opposed sides. Our aim is to present several remarks on the comparative law, that could be beneficial to those delving in comparative legal history. Medieval Muslim legal experts such as Ibn Rush left their contribution in the development of the comparative law and have likely influenced European legal experts to explore different legal traditions themselves. The benefit in researching the comparative law is not disputed by experts. The discission centered around whether this is a scientific discipline or legal method will remain present. However, this discussion is not harmful, because the results we obtain from comparative legal research are important.
Key words
comparative law, comparative legal method, the history of law, legal revolution, legal transplants