In-depth Look at Comparative LawJanuary 28, 2017 - Author: steph - No Comments
Comparative law in the strict sense is the theoretical study of legal systems by comparison with each other. The comparative law can be dated back to centuries ago. Today, it has been widely studied and practiced for two important reasons. Globalization in the world has led to the expansion of business and economic transactions in unfamiliar legal jurisprudences. The second important reason is the move towards harmonization of laws. Recently, laws are also undergoing a codification to the European Union where a combination of traditional legal rules exists. On a superficial level, Comparative Law can be described as an assembly of legal materials from several states or nations that necessarily doesn’t have to have been compared but can be used for trade purposes by lawyers.
The world is composed of a broad number of legal systems. With the formation of the United Nations, it brought representatives of the whole world together. However, these representatives were few in consideration to the many legal systems in the world. These several legal regimes were so complicated that they had to be studied appropriately. It is from this Fact that comparative law was split into two classes; Micro-comparative and Macro-comparative.
An in-depth look at micro- comparative indicates that it is the study of analyzing laws that relate or belong to the same class. It is also done specifically to identify legal systems, to justify or ascertain if innovation in one system can be introduced in another and still possess value. Macro-comparison takes an in-depth study of legal systems that differ in a high degree. It is challenging and involves the study of all legal regimes. The Study of Micro Comparative Law holds a greater attraction to Scholars while Macro-Comparative is considered by philosophers who are keenly interested in the government’s role in the society.
The study of comparative law has several purposes. First, it is reviewed to bring an understanding of the histories and cultures of different countries. It also helps in advising investors when it comes to the risk and benefits which they may incur when investing abroad. It is also used to help the National Law. Finally, comparative law is used as an international Law, see works.bepress.com.
Today, the study of comparative law has been considered in a broad way. Sujit Choudhry is one such man who has done research on one branch of the law. He has majored on comparative constitutional Law. His Knowledge has allowed him to aid in the building of the constitution in countries like Libya and Egypt.
As stated in Berkeley, Choudhry research on comparative constitutional law addresses the design of the constitution as a tool that helps in transitions of governments. Sujit has authored and published several books on matters of the law. Additionally, he serves as a member of the United Nation Mediation Roster.
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Categories: Legal System