Comparative law compares and contrasts various laws and, thus, it is not a separate body of law. Macro-comparison highlights differences and similarities that exist between different legal systems. On the flip side, micro-comparison focuses on particular problems or specific institutions. Comparative law explores different field beyond foreign legal regimes.
Themes of comparative law
- Comparison of several legal systems: This theme focuses on the discovery, description, and assessment of similarities and differences. It helps people to appreciate the uniqueness of different legal regimes.
- Influence among legal structures: This theme studies the influence of various legal systems, particularly the reception of law. This discipline can concentrate on individual legal institutions or the full legal systems. In Europe, the comparative law will focus on studying how the European private law has influenced distinct legal regimes such as the law of member states, Roman law, as well as the law of non-European countries. It also describes the impact that the European law has created on non-European legal structures.
- Creation of an overall theory of law: according to this theme, comparative law acts as the specialty that strives to gain a deep-rooted understanding of numerous legal structures in entirety and their association with each other, without attempting to ignore or reduce the differences that exist between them. This theme gained immense popularity at the beginning of 20th century, and it is popularity is on an upward trend today. Check this related Page.
Purposes of comparative law
The primary objective of the comparative law is to inform national law making, help judges in finding answers to difficult questions. It also offers a basis for harmonization or legal unification. In other words, the comparative law should increase knowledge and spread awareness, particularly in the legal education.
About Sujit Choudhry
Sujit Choudhry is one of the world’s top professors of law. He used to serve at the Berkeley Law as the dean. He has earned reputation globally for his mastery of the comparative constitutional law and constitutional development. Choudhry conducts research whose purpose is to address the fundamental methodological queries in the specialty of comparative constitutional law. He is the man behind more than ninety articles, reports, working papers, and book chapters. Source: tech.com
Sujit Choudhry sits on the executive board of the renowned International Society of Public Law (ICONS). He is a member of International Journal of Constitution Law’s Board of Editors. He created the Center for Constitutional Transition, and he currently serves as its director. This organization is a university-based center, which produces and rallies knowledge to back the constitutional building process. Choudhry has overseen constitutional transitions in nations such as Sri Lanka, Libya, Egypt, Jordan, Nepal, and Libya.
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