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Theoretical Approach and Method

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Chapter Summary

Comparative Law may be defined as a field of study devoted to describing the content and style of legal systems, and exploring the similarities and differences between them. The effect of Globalisation in enhancing the porousness of national borders to movements of capital, people and ideas, has a tendency to mean that international law questions like human rights are increasingly becoming national law questions amenable to Comparative Law studies. The method used to compare the mobilisation of law in defence of human rights by human rights DNGOs is a modified version of the method of the Functionalist School of Comparative Law theory. The Functionalist method was first used by the German comparativist Ernst Rabel to compare private law. This chapter outlines the theoretical approach within Comparative Law. It also outlines the concept of the mobilisation of law that is used as the function for the purposes of comparison.

Keywords: Comparative Law; Domestic Non-Government Organisation (DNGO); human rights; international law

10.1163/ej.9789004170216.i-358.10
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