ORIGIN AND DEVELOPMENT OF COMPARATIVE JURISPRUDENCE (MAIN LANDMARKS OF HISTORICAL DEVELOPMENT)
RAFAYEL VARDANYAN
Candidate of Law
ARMEN SHUKURYAN
Senior researcher at the Institute of Philosophy,
Sociology and Law of the NAS of the RA,
Candidate of Law
DOI: https://doi.org/10.59546/18290744-2023.4-9-3
Annotation.
In this article the author has systematically analyzed the problems related to the origin and development of comparative jurisprudence in specific countries, in particular the origin and development of the idea of comparative jurisprudence in the ancient world, the development of the views of comparative jurisprudence in the Middle Ages, the historical-philosophical aspects of comparative jurisprudence direction In Germany, the development of comparative jurisprudence in England and the USA, comparative jurisprudence in Russia, comparative jurisprudence in the first half of the 20th century, comparative jurisprudence in the period after World War 2, comparative jurisprudence and international scientific cooperation. The ideas of comparative jurisprudence in the ancient world were more prominently manifested in the works of the philosophers of Ancient Athens and the lawyers of Ancient Rome, according to Western scholars, it was here that not only comparative-legal ideas were formed for the first time but also, in practice for the first time, an attempt was made to subject the state and law to comparative research. In the Middle Ages, the ideas of comparative jurisprudence had a certain development based on the borrowing (reception) of Roman law, the formation and coordination of canon law, as well as national legal system (mainly) on the basis of customary law. Comparative legal studies continued throughout the Middle Ages, up to modern times, when Montesquieu, Hugo Grotius, Pufendorf, and others succeeded one another. In the new and modern period, comperative legal researches not only multiplied in therms of volume, but also took on a systematic nature and was gradually formed as an independent legal science.
