Application of the comparative method in the law study

• Author: Catalin Ionut Bucur
• Position: Assist. candidate to PhD. University of Pitesti
• Pages: 62-67

62

APPLICATION OF THE COMPARATIVE METHOD IN THE

LAW STUDY

Assist. candidate to PhD C<t<lin IonuY Bucur

University of Pitesti

Abstract:

Any social phenomenon that appeared spontaneously or was generated by

other factors needs to be studied by various existent or recent sciences in our

society.

By adopting the principle that nothing is lost, everything is transforming,

from the physical sciences domain, the Law’s general theory, is reserved the duty

to elucidate the evolution of relationships and the social reality. In order to obtain

this it uses a list of methods specific only to it as a juridical science.

Key words: comparative method , the science of law , the general theory of

law

Any social phenomenon that appeared spontaneously or was generated by

other factors needs to be studied by various existent or recent sciences in our

society.

By adopting the principle that nothing is lost, everything is transforming,

from the physical sciences domain, the Law’s general theory, is reserved the duty

to elucidate the evolution of relationships and the social reality. In order to obtain

this it uses a list of methods specific only to it as a juridical science.

For the complete definition it is not necessary only to adopt traditional

methods, but also those used by other boarder disciplines, which have, in a certain

way, similar characteristics (history, political science, psychology, medicine,

cybernetics, etc.).

The object of juridical science is characterized by the study of law, of the

juridical phenomenon in all its complexity: law as a set of norms, subjective rights,

and juridical relations and the right society order, juridical consciousness, law-state

correlation.

Since the science of law is different from natural science by the fact that its

object is not nature and the discovery of its laws of existence and manifestation, but

an aspect of social life –law; then between social sciences law distinguishes itself

(along with ethics) as a normative science, due to the fact that the fragment of

society that it studies is represented by juridical norms.

The set of juridical norms constitutes a system of juridical sciences, in

which we can distinguish, by the sphere and the way it addresses the study of law,

three groups:

a) global theoretical juridical sciences;