Comparative Law - Relationship With Other Legal Subjects

Relationship With Other Legal Subjects

Comparative law is different from the fields of general jurisprudence (legal theory), international law, including both public international law and private international law (also known as conflict of laws).

Despite the differences between comparative law and these other legal fields, comparative law helps inform all of these areas of normativity. For example, comparative law can help international legal institutions, such as those of the United Nations System, in analyzing the laws of different countries regarding their treaty obligations. Comparative law would be applicable to private international law when developing an approach to interpretation in a conflicts analysis. Comparative law may contribute to legal theory by creating categories and concepts of general application. Comparative law may also provide insights into the question of legal transplants, i.e. the transplanting of law and legal institutions from one system to another. The notion of legal transplants was coined by Alan Watson, one of the world's renowned legal scholars specializing in comparative law.

Also, the usefulness of comparative law for the sociology of law (and vice versa) is very large. The comparative study of the various legal systems may show how different legal regulations for the same problem function in practice. Conversely, sociology of law may help comparative law answer questions, such as: How do regulations in different legal systems really function in the respective societies? Are certain legal rules comparable? How do the similarities and differences between legal systems get explained?

Read more about this topic:  Comparative Law

Famous quotes containing the words relationship with, relationship, legal and/or subjects:

    We think of religion as the symbolic expression of our highest moral ideals; we think of magic as a crude aggregate of superstitions. Religious belief seems to become mere superstitious credulity if we admit any relationship with magic. On the other hand our anthropological and ethnographical material makes it extremely difficult to separate the two fields.
    Ernst Cassirer (1874–1945)

    Strange and predatory and truly dangerous, car thieves and muggers—they seem to jeopardize all our cherished concepts, even our self-esteem, our property rights, our powers of love, our laws and pleasures. The only relationship we seem to have with them is scorn or bewilderment, but they belong somewhere on the dark prairies of a country that is in the throes of self-discovery.
    John Cheever (1912–1982)

    We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.
    Philip K. Howard, U.S. lawyer. The Death of Common Sense: How Law Is Suffocating America, pp. 186-87, Random House (1994)

    The beasts, the fishes, and the winged fowls
    Are their males’ subjects and at their controls:
    Man, more divine, the master of all these,
    Lord of the wide world and wild watery seas,
    Indued with intellectual sense and souls,
    Of more pre-eminence than fish and fowls,
    Are masters to their females, and their lords:
    Then let your will attend on their accords.
    William Shakespeare (1564–1616)