Comparative Law as a Legal Systems Unification Tool

The law is classified into several different systems. While there are various legal regimes, the study of these statutes to identify the differences and similarities brings another system called the comparative law. The study of these laws includes the description and analysis of all foreign laws. Description of a system is done even when no explicit comparison between them is made.

 

The study of comparative law began in the 18th century. It can be traced back to Europe. The comparative law took root as a course to be undertaken in 1869. Its first introduction was at the University of Oxford with Maine becoming the first professor in the field. Later, its study would spread to the United States through a German called Rudolf Schlesinger. Eventually, Schlesinger became the first professor in the United States after the course was introduced at Cornell Law School.  Click this.

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The comparative law, however, is a broad constituent of several disciplines that include, comparative constitutional law, comparative administrative law, the civil law that defines obligations, the commercial part of the law that deals with trade and the criminal law that deals with lawbreakers. Additionally, these branches can also be viewed from a micro or macro-comparative analysis. It has several purposes that include;

  • It helps those studying and those who intend to use it get a deeper knowledge of the legal system in effect.
  • In the present world of globalization and internationalism, it is important to understand the laws of different nations. Comparative law acts as a guide.
  • Investors trading internationally uses the comparative law to identify the risk or reward probability.
  • Comparative law contributes to the unification of legal systems.

The study of comparative law has been adopted by several people. Sujit Choudhry has however, studied in depth one of its branches. Sujit Choudhry is internationally recognized for his research and input to comparative constitutional development. Mostly, his research seeks to answer questions arising from the constitution branch of the law. He has put emphasis on the Constitution design as a tool used to manage transitions in governments.

 

Sujit Choudhry has published several articles on comparative constitutional law. He has also contributed to the development of constitution in Egypt, Libya, and Jordan among many others. Sujit Choudhry has also researched and interpreted much of the Canadian constitution law.

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