Comparative law refers to studying the relationship between two or more legal systems and noting their similarities or differences. Comparative law compares legal system in an effort to gain a good understanding of the legal principles arising in foreign countries. During this age of globalization and the intertwinement or complexity of international private and public law, comparative law is important in unification and harmonization of laws for better international cooperation. Legislators rely on foreign laws when drafting new laws while the courts also draw their judgments from rulings made abroad. Read about the subject on tech.co.
The Purpose of Comparative Law
Comparative law can be used for practical ends. For example, an entrepreneur needs to understand what benefits they expect, the risks they run, and how to act in case they intend on making contracts or investing abroad. This was the reason the first French centre of comparative law was established in 1920, in Lyon. Its mission was basically to instruct legal advisers about foreign trade. This same practical aspect led to the popularity of comparative law in U.S.A and other parts of the world.
Comparative law played a huge role in countries that were recodifying their laws in the 19th century. Many additions to the Code Napoleon, which was constituted in 1804, were foreign in origin. Many countries followed France’s examples and adopted elements of the Napoleonic codes. The foreign inspiration of many legal institutions and rules has come to be known as reception and in such countries studying comparative law is important. For example, reception of English Common Law in Africa, India, U.S.A., and Australia or the reception of French law in Madagascar, Southeast Asia, and Egypt.
About Sujit Choudhry
Sujit Choudhry, is the founder and director of the Center for Constitutional Transitions, the first center in the world to mobilize and generate knowledge that supports constitutional building. Choudhry has gained international recognition for comparative constitutional development and law. Choudhry’s work focuses on methodological questions that cover comparative constitutional law. Choudhry has written on designing constitutions as a means of going from violent conflict to democratic and peaceful politics, particularly in societies where ethnic divisions are pronounced. His edited collections include: Constitutional Design for Divided Societies, and The Oxford hand Book of Indian Constitutional Law. Check also sujitchoudhry.com.
Sujit Choudhry features in the UN Mediation Roster and has also consulted for the World Bank. He acted as a constitutional expert to support constitutional reforms in Jordan, Tunisia, Libya, Egypt, Nepal, and Sri Lanka.
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