Reform of legal systems through the evolution of comparative law

• Main Authors: Ali Borjian, Harith Al-Dabbagh
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2018-10-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
• Subjects: Transfer of law; legal reforms; functionalist; culturist; methodology of comparative law
• Online Access: http://qjpl.atu.ac.ir/article_9439_b698f44faeb687b29b2dac82afc4e471.pdf

Historical studies of comparative law demonstrate that the first purpose of using comparison in law has been to reform legal systems. This article intends to analyze the fundamental role and function of comparative law for legal reforms. Through studying different forms of the Transfer of Law, we intend to find the most proper and effective method which may present us with a coherent and efficient model of reform in different systems. The methodology of comparative law, as the instrumental concepts of this article, is one of the most popular and evaluative discourses of the legal world. The dynamic evolution of comparative studies arrives at the point where it has surpassed its traditional borders and has even engaged in extralegal and interdisciplinary studies. The transfer of law is one of the main methods of a legal reform and achieved by two main methods; functionalist and culturist. Although functionalism is the first method employed of legal reforms, it is not enough without considering the cultural contexts and circumstances of both transferred and transferee systems. In addition to its theoretical topics, this article intends to encourage researchers to find a coherent and practical model of reform for most developing countries needing legal reform.