Comparative law is a branch of law that enables scholars and students to study foreign legal systems. It seeks to compare these legal structures. This way, people are able to evaluate the legal system and appreciate it. The benefits of this law are anchored on modernization, globalization, and attempts to unify international laws. To this end, there has been improved international cooperation.
Comparative law has been in existence for a long time. However, Montesquieu pioneered modern comparative law in the 18th century. The French scholar’s approach to the topic is clearly illustrated in his books. Another person who is credited for the early development of comparative law was Sir Henry Maine. The Briton studied the legal systems of various communities and compared them with those of the United Kingdom and other advanced European societies. His extraordinary skills and accomplishments in the field saw the Oxford University appoint him as its first professor of comparative law. Check this on tech.co.
In the last 250 years, the branch of comparative law has been divided into smaller sections to help people understand and appreciate it. Some of these branches include comparative civil law, comparative administrative law, comparative commercial law, and comparative constitutional law. These sub-branches focus on the similarities, differences, and constitutive elements of various legal systems. They also zero in on how the legal systems could be combined into one.
According to constitutionaltransitions.org, the primary purpose of comparative law is to comprehend the legal systems of various jurisdictions. In addition, this branch of law can be sued to streamline existing legal system using ideas borrowed from foreign legislation. It helps scholar to gain deeper knowledge of legal systems. Comparative law has played a critical role in unifying different legal systems during the formation of international bodies such as the European Union.
About Sujit Choudhry
Sujit Choudhry is a constitutional comparative law expert. His broad knowledge of legal systems has been critical in the constitutional building process of various countries, including Sir Lanka, South Africa, Nepal, Egypt, Jordan, and Tunisia. The professor posits that constitutional law can be used as a tool of managing transitions of countries from vicious conflict to nonviolent democratic politics.
The founder of the Center for Constitutional Transitions started his career as a law clerk in the Supreme Court of Canada. Sujit Choudhry has lectured in many universities. He also focuses his studies on federalism, constitutional courts, and semi-presidentialism. He is a graduate of Harvard, Toronto and Oxford Universities.