University of Pennsylvania Law School Penn Law: Legal Scholarship Repository Faculty Scholarship 1995 Comparative Jurisprudence (I): What Was it Like to Try a Rat? William B. Ewald University of Pennsylvania Law School,
[email protected] Follow this and additional works at: http://scholarship.law.upenn.edu/faculty_scholarship Part of the Civil Law Commons, Civil Procedure Commons, Commercial Law Commons, Ethics and Political Philosophy Commons, Jurisprudence Commons, Law and Philosophy Commons, Legal Commons, Legal Education Commons, Legal History, Theory and Process Commons, Legal Theory Commons, Natural Law Commons, and the Public Law and Legal Theory Commons Recommended Citation Ewald, William B., "Comparative Jurisprudence (I): What Was it Like to Try a Rat?" (1995). Faculty Scholarship. Paper 1405. http://scholarship.law.upenn.edu/faculty_scholarship/1405 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. COMPARATIVE JURISPRUDENCE (I): WHAT WAS IT LIKE TO TRY A RAT? WILLIAM EWALDt PART ONE I. THE RATS OF AUTUN .......................... 1898 PART TWO H. COMPARATIVE JURISPRUDENCE .................... 1948 A. Remarks on Strategy .......................... 1943 B. The Boundaries of ComparativeJurisprudence ....... 1954 1. Criteria for a New Subject ................ 1955 2. Distinguishing Comparative Jurisprudence from the Philosophy of Law ................ 1956 III. THE PRESENT STATE OF COMPARATIVE LAW ............ 1961 A. The Malaise ............................... 1961 B. The TraditionalApproaches to Comparative Law ..... 1965 1. Casebooks and Pedagogy .................. 1965 2. Works of Scholarship ..................... 1975 3. The Problem of Public Law ............... 1987 t Assistant Professor of Law and Philosophy, University of Pennsylvania.