Comparative Jurisprudence
idea · 3 works · 3 mentions · 4 anchored passages
comparative jurisprudence · comparative philology
in the texts
Ancient Law
The comparative method of studying archaic law across societies to reconstruct primitive social conditions.
The effect of the evidence derived from comparative jurisprudence is to establish that view of the primeval condition of the human race which is known as the Patriarchal Theory.
It will at least be acknowledged that, if the materials for this process are sufficient, and if the comparisons be accurately executed, the methods followed are as little objectionable as those which have led to such surprising results in comparative philology.
Dissertations on Early Law and Custom
Methodological approach comparing legal systems to illuminate shared or divergent structures.
The suspicion, however, that some light might be thrown on the arrangement of the Twelve Tables by what has more recently been called Comparative Jurisprudence is not new.
Lectures on the Early History of Institutions
Discipline explicitly named as the lecture's own method, paralleling Comparative Mythology.
Comparative Jurisprudence, as might be expected from the natural stability of law and custom, yet more strongly suggests the same inference, and points to the fewness of ideas and the slowness of additions to the mental stock as among the most general characteristics of mankind in its infancy.