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September 16, 2025Journal of Foreign Legislation and Comparative Law0 citations

Comparative Law in a Changing World

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AKAnatoly Kovler

Key Points

  • Comparative law identifies both commonalities and uniqueness among various legal systems, enhancing legal understanding.
  • Geopolitical shifts necessitate a reevaluation of established legal classifications to better reflect current realities.
  • The strengthening of states' constitutional identities indicates a notable civilizational influence on contemporary legal frameworks.
  • Alternative justice approaches can benefit from insights gained from diverse legal systems as globalization progresses.

Abstract

The comparative method in law has a long history both internationally (the creation of the International Academy of Comparative Law in 1924) and domestically (the works of M. M. Kovalevsky, B. N. Chicherin, P. G. Vinogradov and others). In modern conditions, comparative law and its inherent comparative method allow one to objectively identify the general and the specific features in legal systems produced by various civilizations.Geopolitical shifts in recent decades and the globalization of many social processes demonstrate that it is necessary to adjust R. David’s operational classification of legal families and legal systems. At the same time, along with the popular concept of the “clash of civilizations”, there is an urgent need for a dialogue of civilizations in our troubled world. The task of such a dialogue in the field of international relations is to find the legal basis for international integration and the organization of interstate cooperation (BRICS, SCO). In the field of comparative constitutional law — especially if one analyses the constitutional reforms of recent decades — there is an obvious tendency that states’ constitutional identities strengthen, which in turn reflects their civilizational and cultural originality. Finally, each branch of modern law needs the generalisation of the experience owned by various legal systems, starting with judicial law, issues concerning the legal regime of digital technologies and ending with the prospects of the so-called “alternative justice”.

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Cite This Study

Anatoly Kovler (2025) studied this question.

synapsesocial.com/papers/68d454bb31b076d99fa59df6https://doi.org/10.61205/jzsp.2025.1.2
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