The Principle Of Theme Relativity In Leagal Systems

Since the generation of comparative law in the modern sense, the discussion of the method and scope of comparative law has never stopped. Historically, there are a variety of research methods that have been brought forward. In the early 20 th century, the principle of functional method has occupied a dominant position in comparative law methodology, and it has also played a crucial role as a distinguished way of thinking method. However, like other disciplines, if there exists only one, i.e. the most fundamental way of studying, it will be unrealistic and unreasonable. Thus after two world wars, comparative law and taxonomy finally became attached. At that time, the study of cultural comparative law and contemporary legal systems of the world started generating, thenceforward followed the principle of theme relativity as an in depth exploration of legal systems. In fact, the kernel objective of all these discussions is only the following, namely to find the limits of comparative law. This paper attempts to respond to these discussions in the principle of theme relativity point of view, that means, by analyzing the effects of this principle in legal systems. The principle of theme relativity refers to that in the process of dividing the countries in the world into various legal systems, the different areas of law may be classified in different legal systems. All along, the comparative law research is focused on the areas of private law(so-called by the scholars of the civil law system). As a result of this the existing national law systems can almost only be established exclusively within the scope of private law. Based on the restatement of the existing law classification theory, this paper tries to elaborate the impact of the principle of theme relativity on the current classification in law, and to discuss the state of the contemporary legal systems. Before these aforementioned issues are explained, the paper has also illustrated the functional method as a previous fundamental principle of comparative law and its shortcomings. This paper ultimately concludes a selection of these principles and the limit of comparative law. In short, this article does not focus on criticism, but aim to construct and enhance the theories of legal systems, and also to explore a consummate way of researching comparative law.