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:
“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)
“Friendship is by its very nature freer of deceit than any other relationship we can know because it is the bond least affected by striving for power, physical pleasure, or material profit, most liberated from any oath of duty or of constancy.”
—Francine Du Plesssix Gray (20th century)
“If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.”
—Thomas Szasz (b. 1920)
“Conversation ... is like the table of contents of a dull book.... All the greatest subjects of human thought are proudly displayed in it. Listen to it for three minutes, and you ask yourself which is more striking, the emphasis of the speaker or his shocking ignorance.”
—Stendhal [Marie Henri Beyle] (17831842)