Copyright (c) 1996 Transnational Law & Contemporary Problems
Transnational Law & Contemporary Problems
NOTE: Predicting Legal Transplants: The Case of Servitudes in the Russian Federation
6 Transnat'l L. & Contemp. Probs. 187
Steven J. Hein *
The breadth of global social, economic, and political change in the last ten years is staggering. The collapse of communism, the evolution of the United Nations system, and the advancement in global telecommunications technology making the world even more interdependent are but a few of the many amazing changes. These dramatic changes offer social scientists an unparalleled opportunity for study. 1 This is especially true for scholars in the field of comparative law. 2 These momentous political, economic, and social changes have been and continue to be the engine for significant legal change worldwide. The legal changes caused by this dramatic upheaval have impacted both the world and national orders. 3 Comparative legal scholars must seize this unique opportunity to study legal change in action.
Comparative law, by definition, is not a body of rules or principles, but rather a method for examining legal problems, legal institutions, and entire legal systems. 4 Its aim is to "acquire knowledge of the different rules and institutions that are compared." 5 This knowledge then is used in three different ways: (1) to aid legislators in creating laws, (2) to help with the interpretation of laws, and (3) to examine the possibility of supranational unification of laws. 6 While most scholars generally agree on the aims and uses of comparative law, there is significant debate about the theories and tools used in comparative law. 7 This debate over the proper theories in comparative law is particularly contentious in the area of legal ...
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