
Contents
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3.1 Introduction 3.1 Introduction
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3.2 Governance as a Subject of Comparative Studies in the Era of Enlightenment 3.2 Governance as a Subject of Comparative Studies in the Era of Enlightenment
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3.2.1 Growing Interest in the Comparison of Political and Administrative Cultures 3.2.1 Growing Interest in the Comparison of Political and Administrative Cultures
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3.2.2 Universalism versus Culturalism 3.2.2 Universalism versus Culturalism
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3.2.3 Relativization of the Own Political and Legal System 3.2.3 Relativization of the Own Political and Legal System
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3.3 The Study of Foreign Law as a Source of Inspiration for the Development of Administrative Law and as a Means of Identity Building 3.3 The Study of Foreign Law as a Source of Inspiration for the Development of Administrative Law and as a Means of Identity Building
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3.3.1 The Special Interest in Anglo-American Law 3.3.1 The Special Interest in Anglo-American Law
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3.3.2 The Role of French Law Studies for the Systemization of Administrative Law 3.3.2 The Role of French Law Studies for the Systemization of Administrative Law
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3.3.3 Public Law Comparison as an Own Field of Research 3.3.3 Public Law Comparison as an Own Field of Research
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3.4 The Contribution of Comparative Administrative Law to the Well-Functioning of European Multi-Level Governance 3.4 The Contribution of Comparative Administrative Law to the Well-Functioning of European Multi-Level Governance
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3.4.1 The Identification and Development of Common Administrative Law Principles 3.4.1 The Identification and Development of Common Administrative Law Principles
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3.4.2 The Need for Comparative Knowledge for Administrative Cooperation and the Creation of Inter-operational Structures 3.4.2 The Need for Comparative Knowledge for Administrative Cooperation and the Creation of Inter-operational Structures
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3.4.3 The Emergence of a Transnational Science of Administrative Law 3.4.3 The Emergence of a Transnational Science of Administrative Law
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3.5 Perspectives for the Further Development of Comparative Administrative Law in Germany 3.5 Perspectives for the Further Development of Comparative Administrative Law in Germany
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References References
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3 The Germanic Tradition of Comparative Administrative Law
Get accessKarl-Peter Sommermann is Professor of Public Law, Political Theory and Comparative Law at the German University of Administrative Science Speyer (Deutsche Universität für Verwaltungswissenschaften Speyer)
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Published:15 December 2020
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Abstract
This chapter turns to the Germanic tradition of comparative administrative law (CAL). It shows that, although the diversification of epistemic and practical interests of comparative public law can be perceived as a phenomenon associated with the processes of Europeanization and globalization, a look back into legal history reveals that essential elements of modern comparative law can already be seen much earlier. In the Germanic tradition, as in the traditions of other European countries, comparative approaches to public law in the eighteenth and nineteenth centuries are of special interest. It was then that rationalism and, later, legal positivism gave rise to the first forms of ‘universalist’ and ‘culturalist’ approaches to legal comparison. While universalist approaches focus on generic legal and institutional problems of political communities and, therefore, look for common solutions, culturalist approaches emphasize the historical and cultural imprint of the law and consequently remain suspicious of universal solutions.
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