What is Comparative Law

Comparative law is not a subject but a method of study. It is a process of studying foreign laws in comparison with local laws. More specifically it involves study of the different legal systems in existence in the world. At present age globalization has increased the importance of comparative law.

Definition of Comparative Law

According to Levy Ullman says- Comparative law has been defined as a branch of legal science, whose object it is to established a closer relations between the legal institutions of different countries.

Julious Stone says- Comparative law seeks to describe what is common and what is different in different legal systems or to seek a common core of all legal systems.

Sir Henry Maine says-The chief function of comparative law is to facilitate legislation and the practical improvement of law.

Michael Bogdan's says- Comparative law as the comparing of different legal systems with the purpose of ascertaining the similarities and differences.

Comparative law is not a law but a method of study.

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.

==============================================================================

This site is mainly dedicated for Students of Law Schools, Law Universities, Students of Higher Education in Law, Admission in Law Schools, Scholars in Law, Students of Bar-at-Law, Law admission information, College of Law, Law Notes, Law Training, Law Tuition,  Law Study Guidelines, Business Law