Emergencia y salto epistémico en el estudio de casos históricos para la investigación interdisciplinar en derecho comparado

Abstract

The unusual speed of regulatory reaction as required today, coupled with the unethical nature of legislative experimentation, both highlight the importance of comparative law with greater emphasis than ever, and its task of assisting and supplying the regulator with the necessary inputs to carry out his purpose. In the context of the current methodological plurality, the casuistic method stands out above all in the study and analysis of historical experiences of legal transplant dynamics, incorporation of legal institutions into internal law and normative harmonization. In this context, interdisciplinary studies in comparative law and legal history acquire relevance allowing scholars to overcome the current state of affairs in the region, burdened by superficial generalization and epidermal macro-comparison in terms of mere syntactic confrontation with random and arbitrary selection of national or sub-national entities, as well as of the categories or parameters susceptible to comparison. From this qualitative leap, new categories arise, such as comparative studies of colonial law and mixed systems.