Comparative Law

What is Comparative Law? 

Comparative law involves researching and analyzing the similarities and differences between the legal systems of different countries and comparing the way that different countries handle similar legal scenarios.

While there are various legal systems worldwide, such as civil law, common law, Sharia law, communist law, and customary law, this guide will concentrate on the two major legal families: common law and civil law. These two systems have distinct origins, sources of law, and approaches to legal precedent.

Definitions

Traditionally, “comparative law” is defined as the study of the similarities and differences of laws of different nations. Today, however, it includes the comparison of national and international law-- particularly in areas such as criminal law where a body of international criminal law is growing up alongside national criminal law--and comparisons of national law with the laws or customary rules of trade promulgated by various international organizations. Comparative law also includes the study of the relationship between formal law--such as governmental systems--and informal, social, religious, and other systems of law-like rules and behaviors that exist in every society. - Kenneth S. Gallant, Sarah Howard Jenkins.

"Comparative law is undoubtedly a method of comparing legal systems, and such comparison produces results relating to the legal systems being analysed. However, writers have argued over whether the data obtained should be regarded simply as part of the method, or whether they should be regarded as a separate body of knowledge." - Peter de Cruz

Dictionaries & Encyclopedias

Select Books on Comparative Law Theory

Introduction

Comparative Law Books Series

In Depth