Comparative law an overview of the discipline

At a basic level, a study of comparative law expands knowledge generally, through the contrasts and wider range of information it provides, and permits a better

In other words, the discipline of comparative law requires at least one purpose or goal of study (the Why), it requires at least one approach to the study (the

Historical development of comparative law

The expression comparative law is a modern one, first used in the 19th century when it became clear that the comparison of legal institutions deserved a systematic approach, in order to increase understanding of foreign cultures and to further legal progress.
From early times, however, certain scholars and researchers have made use of the comparati.

Microcomparison

Microcomparison demands no particular preparation.
The specialist in one national system is usually qualified to study those of various other countries of the same general family.
His chief need is access to bibliographical material.
In the United States, each state has its own statutes and, to some purposes, its own common law.
Thus, the American .

Overview

comparative law, examination of comparative legal systems and of the relationships of the law to the social sciences.

Role of judges

Such contempt was not characteristic of the attitude of the judges and lawyers whose duty it was to administer justice, mainly by applying the customary law.
Their material contained areas of uncertainty and required adaptation to social needs.
In the work of ascertaining the content of a custom, and in the task of filling the gaps of customs, judg.

What are the 5 areas of comparative legal analysis?

The author identifies five basic fields in which comparative legal analysis is applied.
These areas are private international law (that is, conflicts of law); the making of law; the interpretation and application of law; the confluence of the law and the development of general common principles; and, finally, in the unification of the law.

What is comparative legal study?

Comparative law entails the analysis of different laws or legal systems by the use of one or more approaches.
The purposes or goals of comparative legal study are referred to here as the Why.
The methods or approaches to comparative legal study are referred to here as the How, and the subjects or fields of study are referred to here as the What.

What is the Encyclopedia of Comparative Law?

The Encyclopedia is the first broad, systematic and international compendium of comparative law.
Vol.
I:

National Reports.
Edited by Viktor Knapp Vol.
II:The Legal Systems of the World/Their Comparison and Unification.
Edited by René David Vol.
III:Private International Law.
Edited by Kurt Lipstein Vol.
IV:Persons and Family.

What's new in the third edition of Comparative Law?

This new third edition is fully revised to reflect developments in the scholarship and includes ,two new chapters, balancing the book's structure between comparative law of the past, present and future.
Suitable for students taking courses in comparative law and related fields, this book offers a fresh and cosmopolitan perspective on the subject.

What are the 5 areas of comparative legal analysis?

The author identifies five basic fields in which comparative legal analysis is applied

These areas are private international law (that is, conflicts of law); the making of law; the interpretation and application of law; the confluence of the law and the development of general common principles; and, finally, in the unification of the law

What is comparative law?

Further: “ [F]or the purposes of comparative law, law is best viewed … as a kind of conscious mental activity, and above all as the record of the attempts, by jurists, in light of their conception of law, to arrive at the correct answers to legal questions

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×Comparative law is an academic discipline that involves the study of legal systems, including their constitutive elements and how they differ, and how their elements combine into a system. It is an educational discipline in which the legal systems of different countries are studied, leading to the development of various branches of law, such as constitutional law, comparative administrative law, commercial law, etc.. Comparative law is different from general jurisprudence, public and private international law.