Beyond the Surface: The Use of Qualitative Comparative Analysis (QCA) in Comparative Legal Research

This paper discusses Qualitative Comparative Analysis (QCA) as a tool to conduct systematic comparison in legal research. Developed by sociologist Charles Ragin in the late 1980s, QCA is a set-theoretic, case-oriented technique that combines the strengths of qualitative and quantitative methods. Unlike traditional comparative legal analysis, which often remains descriptive, QCA identifies combinations of variables (conditions) that are sufficient or necessary to explain a specific outcome. Its twofold capacity of working with a medium number of cases (medium-N) and accounting for the complexity of social phenomena makes it particularly well suited to comparative law (especially comparative public law), where researchers frequently seek to explain variations among legal systems. We provide a conceptual overview of QCA and its development, evaluate its relevance and application in comparative law, and critically engage with the opportunities and limitations it presents.