Comparative law is undergoing a methodological and conceptual revolution to address the need for governance of global issues. Classical qualitative analysis of legal systems is being challenged by the emergence of new quantitative methods. At the same time, the debates on the measurability of legal institutions and their societal impact are gaining traction. This chapter delves into the origins of these disputes, the paradigms they refer to, and their development throughout Western legal history. The desire to measure legal system performance has been present since the onset of modernity, and its roots are deeply embedded in scientific and philosophical ideas. Therefore, the development of a scale to compare legal systems is intrinsically linked to the scientific concepts inherited from modernity’s early stages.
Quantitative genealogy: the rise of numeric comparative law
Mauro Balestrieri
2023-01-01
Abstract
Comparative law is undergoing a methodological and conceptual revolution to address the need for governance of global issues. Classical qualitative analysis of legal systems is being challenged by the emergence of new quantitative methods. At the same time, the debates on the measurability of legal institutions and their societal impact are gaining traction. This chapter delves into the origins of these disputes, the paradigms they refer to, and their development throughout Western legal history. The desire to measure legal system performance has been present since the onset of modernity, and its roots are deeply embedded in scientific and philosophical ideas. Therefore, the development of a scale to compare legal systems is intrinsically linked to the scientific concepts inherited from modernity’s early stages.| File | Dimensione | Formato | |
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