General Theory of Comparative Method

Author: Zweigert
Publisher:
Publish Date: 2003-03-06
Features: The content of this volume is limited to the "foundations" of comparative law. It explores the concept, function, and purpose of comparative law, its methods, and history, and then describes the outlines of major legal systems around the world. Volume II focuses on "private law systems" as its research object, aiming to provide readers with: (1) examples demonstrating the research methods of comparative law; (2) foundational knowledge about the structure of foreign laws in the aforementioned fields and their approaches to solving problems; (3) an evaluation of the current state and developmental trends of German law. The author is a leading scholar in Western comparative law, and his views may not align with those of Chinese scholars. However, the author remains true to himself, exploring truth without being confined by national boundaries or narrow nationalism. This fundamental attitude is reflected throughout the book. For instance, the author's serious critique of the lingering influence of German conceptual jurisprudence and positivism in the German legal system, as well as his abundant praise for the legislative achievements of the French Civil Code, all exemplify this attitude.