Development of Comparative Law in France

Abstract

France has a long and solid tradition of comparative law. This article traces the discipline’s development in France, describing its strengths and weaknesses. As universal a science as it is, comparative law has distinctive features in each country. While there is currently no such thing as French or Italian comparative law in the sense that there is French or Italian contracts law, there is an identifiable French style in comparative law that is closely related to the development of French legal thought in general. The never-ending question of the purpose of comparative law emerges as one of the fundamental jurisprudential debates of the twentieth century. The first section of this article details the historical rise of comparative law in France. The second section chronicles its decline. The third section predicts its renaissance, provided French scholars, practitioners, and judges give the study of comparative law the regard it is due, in the light of the internationalization and Europeanization of the law.