A GJ Frontiers article.

Abstract

The Trento Theses are founded on the assumption that the aim of comparison is to do science; the Theses give methodological indications as to how one might undertake the scientific project of legal comparison. Fourteen years after their formulation, it seems necessary to examine the epistemological status of these theses in the context of contemporary legal reflections. It is also necessary to examine if, and to what degree, the methodological indications expressed by the Trento Theses are adequate to the tasks of legal comparison in today’s world. I divide my discussion in three parts. In the first part, I examine whether the Trento Theses have any enduring validity, as well as the related but distinct question of whether their formulation might create, today more so than in the past, some misunderstandings that should now be avoided. In the second part, following from the previous analysis, I suggest certain possible modifications and amendments to the Theses. In the third part, I discuss the benefits of a careful methodology to comparative research as it may be applied to analysis of European diritto comune.

Originally published in Global Jurist Frontiers.

Recommended Citation

Gambaro, Antonio (2004) "The Trento Theses," Global Jurist Frontiers: Vol. 4 : Iss. 1, Article 2.
Available at: http://www.bepress.com/gj/frontiers/vol4/iss1/art2