Comparative Law in Germany: Yesterday’s Hobby or Tomorrow’s Science?
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Abstract
This article focusses on the significance of comparative law for the German private law landscape in the 21st century. Is comparative law in 21st century Germany just a hobby, a game of thought, an «intellectual adventure» tackled by a few bored specialists, or is it perhaps more? It is maybe even tomorrow’s science? To answer these research questions this contribution starts out with an outline of the emergence of comparative law in Germany in general, followed by an examination of its current significance in legal education, legal research, legal practice and in particular in legislation and in the interpretation of private law by the courts. The article concludes that there is no «one size fits all answer», but that the value of comparative law in Germany varies depending on the field examined.
Keywords
- Comparative Law
- German Private Law
- Value of Comparative Law in Germany
- Contrasting Function of Comparative Law
- Control or Confirmation Function of Comparative Law
- Cognitive Function of Comparative Law
- Comparative Law Interpretation as «Fifth Method of Interpretation»