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Journal of Foreign Legislation and Comparative Law
Reference:

Butler W. E. Fragments of Forward History of Comparative Law

Abstract: The subject of the article, suggested to readers, is a periodization of science of comparative law, the birth of which the author refers to the days of Roman law action. Particular attention is paid to the works of Sir Robert Wiseman, a prominent English lawyer, who considered Roman law as the highest achievement of legal science and is pointing it in his works. An example of this 17th-century scholar, the author shows that comparative law existed long before the 19th century, the middle of which is considered as the beginning of the birth of this science. The author of present research uses comparative legal method, showing the formation of Roman law and its subsequent impact on world legal systems. The author concludes that there is plenty of evidence of the existence of comparative law long before the mid-19th century (the official date of birth of the science), which had been ignored by scientists for a long time. But these "fragments" deserve the most attention. These scientists were pioneers of comparative jurisprudence, and because of them comparative law took its rightful place among other legal institutions.


Keywords:

legislation harmonization, international law, the international contract, a trust, a confidential property, comparative jurisprudence, escrow, adaptation, the international private law, the Russian law.


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References
1. Bekon F. Nekotorye stat'i i razmyshleniya kasatel'no ob'edineniya korolevstva Anglii i Shotlandii [Certain Articles or Considerations touching the Union of the Kingdoms of England and Scotland] v Nravstvennost' i istoricheskie trudy lorda Bekona [The Moral and Historical Works of Lord Bacon].1860. I. C. 157.
2. Gatteridzh Kh. [H. C. Gutteridge] Sravnitel'noe pravovedenie [Comparative Law] (2-e izd., 1949; reprintnoe izdanie 1971 g.). S. 11–22.
3. Kresin O.V. Kontseptual'nye osnovy sravnitel'nogo pravovedeniya: vklad Zh.L.E. Lermin'e [The Conceptual Foundations of Comparative Jurisprudence: The Contributions of J. L. E. Lerminier], The Journal of Comparative Law, VII (2012). C. 1–25.
4. Speranskiy M.M. Obozrenie istoricheskikh svedeniy o svode zakonov [A Summary of Historical Sketches on the Formation of the Body of the Russian Laws]. Angl. per. U. Uoll [W. Wall]. 1841. C. 89–90.
5. Uayzman R. [R. Wiseman] (1613-1654 gg.) The Law of Laws: Or, the Excellency of the Civil Law, Above All Other Humane Laws Whatsoever. Shewing of How Great Use and Necessity the Civil Law is to this Nation.1657. 2-e izd.; 1664. 3-e izd. London: Otpechatano dlya R. Roystona [R. Royston], 1685. ESTC R28392.
6. Kholdsuorf U. [W. Holdsworth] A History of English Law. 3-e izd. 1987. XII. S. 640