Comparative law involves the evaluation of various legal systems to establish the similarities and differences between them. In the contemporary world, these studies are becoming more fundamental, as countries look to interact with each other on multiple fronts. With a proper understanding of others’ laws, nations can forge fruitful relationships amongst themselves.
Comparative law studies are vital to the formulation of international laws. Once experts have indulged in various laws of different states, they can harmonize them, coming up with a solution that suits all parties. Lawmakers can also borrow constructive clauses from an alien legal framework, a practice popularly known as a legal transplant. This procedure can play a key role, especially in situations where a constitution is being drafted for the first time.
The reasons behind comparing an array of legal frameworks are numerous, but the primary one is to attain an in-depth understanding of the laws under study. The comparison may also be made where there are inconsistencies that need to be ironed out through referencing foreign laws. For this reason, comparative law studies are essential in the development of foreign policies.
The basis of any bilateral or multilateral relationship is strong legal understanding. Without comparative law, such bonds would be inconceivable if not virtually impossible. Therefore, the comparison of different law systems creates a legal middle ground, which lays the foundation for sound multinational partnerships as well as business transactions.
Comparative law is not the same to another field of legal theory such as international law. Despite these dissimilarities, comparative law is crucial to informing these areas of normativity. For instance, international organizations such as the UN can analyze the laws of various nations and use the information in conflict resolution. Check this interesting article on iconnectblog.com
Sujit Choudhry is a prominent figure in the comparative law sector. He has used his nous on the subject to assist in the law-making process in several countries, including Nepal, South Africa, and Ukraine. Also, Sujit has graced numerous conferences across the world, where he has shared his knowledge on the matter. Follow Sujit on facebook.com.
Besides, Choudhry has conducted extensive research on how to use the law to transform societies that were hitherto violent into peaceful environments. To this effect, he has authored many books, which have been well received. The publications include The Oxford Handbook of the Indian Constitution and The Migration of Constitutional Ideas among many others. Moreover, Sujit sits on the boards of various prominent institutions, as well as being the founder of the Center for Constitutional Transitions. Continue reading on fundacity.com.
To learn more about Sujit, hit on http://sujitchoudhry.com/