Comparative Law implies the study of how different legal systems are related as well as their similarities and differences. Comparative law is becoming increasingly essential in this era of globalization and the intertwinement of global public and private laws. It assists in harmonizing and unifying law, which leads to an increased international cooperation. Comparative law is a key tool for legislators like Sujit Choudhry who is a specialist in comparative constitutional law and politics.
The Levels of Comparison of Comparative Law
Comparative law is divided into two levels, including macro-level comparison and micro-level comparison. The former entails comparing of two or more legal systems as a whole whereas the latter is about describing the analysis of a legal issue and the treatment of issue two or more legal systems. Comparison of the entire United States and German legal systems uses the macro-level comparison. Conversely, if you want to know the development of contracts in the United States and Germany, you should apply the micro-level comparison. Additional article on iconnectblog.com
Comparative law is traced back to 18th century Europe. Montesquieu is the early founder of comparative law. He applied a comparative approach from his masterpiece, De l’esprit des lois. An excerpt of the book from Chapter III cited that the civil and political laws of every state should be adapted without biases.
Sir Henry Maine, a legal historian, and British jurist is the modern founder of comparative law. In his book titled “Ancient Law,” he cited that comparative law connects the early history of societies and modern ideas. Maine sets out opinions of developing of legal institutions in remote communities and engaging comparative discussions of Western and Eastern legal traditions. Furthermore, Rudolf Schlesinger, a legal scholar, brought comparative law to the United States.
Sujit Choudhry is a well-known expert on comparative constitutional law and politics. He also works at the University of California, Berkeley as the I. Michael Heyman Professor of Law. Sujit Choudhry integrates his extensive advisory experience in constitutional building process in Nepal, Egypt, and South Africa. Check blogs.law.nyu.edu.
Sujit Choudhry is the acclaimed founding director of the renowned Center for Constitutional Transitions, which mobilizes knowledge for supporting the constitution building process. Additionally, he has published more than ninety articles, reports, and book chapters. Follow Sujit on his linkedin.com page.
To learn more about Sujit, visit http://sujitchoudhry.com/