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, legal and/or subjects:

    Guilty, guilty, guilty is the chant divorced parents repeat in their heads. This constant reminder remains just below our consciousness. Nevertheless, its presence clouds our judgment, inhibits our actions, and interferes in our relationship with our children. Guilt is a major roadblock to building a new life for yourself and to being an effective parent.
    Stephanie Marston (20th century)

    It has come to this, that the friends of liberty, the friends of the slave, have shuddered when they have understood that his fate was left to the legal tribunals of the country to be decided. Free men have no faith that justice will be awarded in such a case.
    Henry David Thoreau (1817–1862)

    While the system of holding people in hostage is as old as the oldest war, a fresher note is introduced when a tyrannic state is at war with its own subjects and may hold any citizen in hostage with no law to restrain it.
    Vladimir Nabokov (1899–1977)