suggested citation: L. Moccia, Droit comparé et mondialisation – l’exemple de la protection de l’environnement, lceonline (www.lceonline.eu), 2/2024, I/Saggi e contributi
key words: globalization, comparative law (theory), legal systems and foundations of legal comparison, environmental comparative law
abstract: There are two basic theses, distinct but closely related to each other, which we try to argue in this article. The first is that globalization, not only economic and technological, but social and cultural, being reflected on the legal plan calls into question comparative law to rethink and reaffirm its own vocation of critical and open study, as ‘science of the context’, which poses itself at the theoretical level as a self-reflective way of knowing the law. The second thesis is that there are subjects, such as the environment emblematically, which are like ‘foundations of legal comparison’, in the sense of representing paradigms of a new methodological and epistemological statute of this discipline and/or study method that, instead of conceiving the world through law, like the classification (taxonomy) of the world legal systems, it seeks rather to conceive law through the world, in its global dimension which is at once spatial and territorial, common and specific, universal and relative, according to the point of view and its implications.
