Comparative law is the study of law in different countries. It involves the study of the legal systems that exist in the world, such as, the civil law, common law, socialist law, Jewish Law, Canon law, Islamic law, Chinese law, and Hindu law. It includes the analysis, and description of foreign legal systems, even without accurate comparison. It has gradually grown as an area of interest with the rise of globalization in both economics and democracy.
The comparative law was idealized in the 18th century Europe, though; legal scholars practiced parallel systems before that. Montesquieu is an early founding comparative law scholar. His approach to other nations’ political and civil laws was that they ought to be adopted by the concerned citizens for whom they are framed and to the nature of each government.
Civil laws depend on political institutions, as they include the same society. An adaptation of civil law from another nation requires a careful examination of their political laws as these two must be fused together.
Several regulations have developed as branches of comparative law, including constitutional law, administrative law, civil law (the law of delicts, torts, contracts and obligations), commercial law, and criminal law. Studies of these precise segments may detail comparison of two countries or extensive studies of some countries. Comparative law seeks to attain a broad understanding of the legal systems around the world and polish the legal systems in place.
About Sujit Choudhry
Sujit Choudhry is an accomplished law professor in the US. He is globally renowned for his comprehensive knowledge of politics and comparative constitutional law. He is also known as a constitution building procedure advisor to several countries including South Africa, Egypt, Libya, Sri Lanka, and Ukraine. He has extensive experience in lecturing internationally. See linkedin.com for more.
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According to en.wikipedia.org, Choudhry formed the Center for Constitutional Transitions and acts as its Director. The organization generates knowledge in constitution building by gathering international expert networks to conduct research projects that offer policy alternatives to practitioners.
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Professor Choudhry released a new book, “Constitution Making,” early this year. It is about the process of forming constitutions, a compilation of academic case studies and articles on constitutional law, see here. In the book volume, Prof. Choudhry outlines the current constitution-making decisions prepared by struggling democracies in countries like the Arab nations, Spain, and South Africa. He notes that even established democracies like Chile, see the need for a new constitution because they require improved laws devoid of their complicated past. Click to know more.
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