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The American Journal of Comparative Law
Article . 2019 . Peer-reviewed
License: OUP Standard Publication Reuse
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SSRN Electronic Journal
Article . 2019 . Peer-reviewed
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The Power of Comparative Law: What Types of Units Can Comparative Law Compare?

Authors: Siems, Mathias;

The Power of Comparative Law: What Types of Units Can Comparative Law Compare?

Abstract

Abstract What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative law. Beyond this traditional scope, some comparatists include further topics, for example, suggesting that legal systems of the past, subnational laws, and informal forms of dispute resolution can also be possible units of comparative law. But why stop here? As many legal topics involve elements of comparison, it may only be logical to make any comparison in law part of the field of comparative law. However, such a suggestion about the broadening of comparative law also needs to assess whether the methods and concepts of comparative law can be made suitable for non-conventional units. Therefore, this Article will discuss both the possible extensions to the scope of comparative law and the corresponding power of comparative law to deal with these new units of comparison.

Keywords

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    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    15
    popularity
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    Top 10%
    influence
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    impulse
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
15
Top 10%
Average
Average
Green
hybrid