Comparative law is simply the study of the similarities and differences between legal systems of different countries. These laws include canon law, civil law, and common law. Comparative law has received attention in the practical sense. First, increased globalization of the world’s trade requires foreign legal systems in their business dealings. Secondly, harmonizing different laws and the recent act of coding within the European Union requires the comparative law.
Classifications of Comparative Law
Comparative law entails micro-comparison level and macro-comparison level. The micro-comparison level requires an attorney to study the bibliography material of a legal system. For instance, in the United States, every state owns statutes. Thus, an American lawyer incorporates this level daily when in his practice of law. For added reading, see challenge.berkeleylawblogs.org.
In the macro-comparison level, there is no comparison without first identifying and mastering the fundamentals of laws, since they differ from one country to another. The jurist should consider acknowledging individuals from other societies. For instance, if he is French or American, he must recognize that some people from East Asia do not accept subjective rights.
Comparative law has developed branches in several disciplines. They include comparative administrative law, comparative commercial law, comparative constitutional law, and comparative criminal law. Further, comparative civil law studies illustrate how the law of private relations is structured, interpreted, and used in different countries.
The purposes of comparative law, include to perfect the legal system, to attain an in- depth knowledge of the legal system, and to contribute to the harmonization of legal systems such as the UNIDROIT initiative. Related article here.
Sujit Choudhry is a reputable authority on comparative constitutional law and politics. He combines research with extensive experience as an advisor to the building process of the constitution, including South Africa, Egypt, and Ukraine. Sujit Choudhry is also a Professor of Law at the renowned University of California, Berkeley. Before that, he served as the Cecelia Goetz Professor of Law at the New York University. For additional reading, click on iconnectblog.com.
Sujit Choudhry is the Founding Director of the popular Center for Constitutional Transitions. The organization generates and mobilizes knowledge to support constitution building. This is through bringing together and leading known experts to complete research projects that provide policy options for practitioners. Check on prnewswire.com