One of the tenets of law is universality. People argue that the notion of human equality demands that there be a set of standard rules and regulations guiding the conducts of all human beings. But this is not possible. Equality is disillusioned for it presupposes that all men are the same. Men are defined by varying social, political, economic, as well as cultural systems. As such, people are characterized by varying legal system that governs their mode of operations.
Legal experts on the contrary argue that equity acknowledges the natural tendencies of human differences. This means that equity proposes independent and fair treatment of each and every person. Comparative law emanates from this argument. It recognizes the varying legal systems of each country and the importance of rationally comparing these systems.
Comparative law mainly entails studying differences and similarities between laws and legal systems of different states. It involves deep analysis of the constitutive elements of different legal systems, how these systems differ from one another, and more importantly how these constitutive elements fold into a working system devoid of legal crisis. Comparative law has developed several sub-disciplines, each drawing great interest from different scholars. The branches include Comparative Constitutional Law, Comparative Criminal Law, Comparative Administrative Law, Comparative Civil Law, and Comparative Commercial Law. From these branches, one would say that comparative law is complete for it offers all round comparison between laws governing different states. In its comparison, this law traverses all the components of human life that require legal protection.
Purpose is what drives a good law, and so is comparative law. Comparative law is mainly purposed to provide a deeper understanding of the legal systems in scrutiny. The comparison may also be directed towards finding a common ground for unification of the legal systems under question. But whichever the purpose, all one needs to understand is the importance of human differences and varying legal systems. Read related article here
Comparing international legal systems is not a lackluster endeavor. That’s why internationally recognized authorities are exclusively mandated to delve in comparative law. Sijut Choudhry is one of the highly recognized individuals that command such authority. He is an internationally recognized authority on comparative constitutional law.
Professor Sujit Choudhry is the Dean and Professor of Law at Berkeley law. He is also the Faculty director of the Center for constitutional Transition- a global expert body in constitutional matters. He has law degrees from Oxford, Harvard and Toronto universities.
Visit his Tumbler.com page.