Comparative law is a misnomer-Discuss

The term comparative law is a misnomer. Comparative law is neither a law nor a particular branch of law. The expression comparative law is a method of study and research by which laws and legal institution of two or more countries are compared.

 

Comparative law is a misleading term. Because the word law is confusing and convenient and not to set any rule of action. A comparative law is not a law because-

 

1. Comparative law is not a body of rules and principle.
2. Comparative law is a method of looking problems rather then solutions.
3. Comparative law does not recognized any right, liability and remedy for citizen.
4. Comparative law does not govern the relation of human beings and not to enforceable by the state.
5. It gives the idea of process of studying foreign laws in comparison with local laws.

 

So the confusion can be resolved by saying that comparative law is neither a law nor a particular branch of law. It is only a method of study and research. In comparative law there is no body of rules and it merely a method of comparing law and legal system of different countries.

 

Remarks of Wigmore- He rightly remarks that comparative law is a loose but a convenient term. Because it does not convey the expression of rule of law but adopt theoretical frame work to study and research laws of two or more countries.

 

Considering the misleading nature of the term some of the writers have given preference to use the term comparative method in place of comparative law. However the main functions of comparative law is to ascertain the differences and similarities in law and legal system of two or more countries with a view to provide solutions for local problems.