A Comparative Law Expert – SujitChoudhry

// Published December 12, 2016 by User1

Comparative law entails the study of relationships between different legal systems or between the rules of more than one system. It is a method of comparing several legal systems. This comparison produces different results that relate to the legal cultures being analyzed. It plays a major role in understanding the foreign legal systems better.

In this era of globalization and the intertwining of the private and public law, it plays an imperative role in unification and harmonization of laws. This leads to more international cooperation as well as an improved world order. The legislators make use of the foreign laws in drafting a new legislation in more countries. The courts also draw inspirations from abroad too. There is, therefore, an increased importance of comparing the legal systems. This is not only significant to the academic discipline of the Comparative law, but also to other specific areas of the law.

Development

Comparative law in a wide sense is old, just as the law itself. The comparative law became possible when different legal systems were distinguished especially when state monopoly on lawmaking began to rise. In the recent times, there have been debates about the theories and methods of the Comparative law. However, no consensus emerged and the discussion has not yielded any substantial influence on the practical legal comparison.

Comparative law rests three premises, namely;

  • The legal systems have similar problems
  • Different systems take different measures
  • Legal systems reach to the same results notwithstanding the differing measures

Based on the three premises, the function methods in comparative law have three major steps;

  • The problem statement in purely functional terms, without the influence of the legal system
  • Evaluation and comparison of the analysis from the purely perspective
  • A one by one presentation of the ways the different legal systems can resolve a legal problem.

About Sujit

Sujit Choudhry was the first Indian to be named dean of United States law school. He is an expert in comparative law. He was admitted to the University of Toronto seventeen years ago where he received very high marks in teaching. Choudhry became interested in law after an internship in bioethics. He attended Oxford University where he graduated with a Bachelor of Arts in Law. Choudhry (http://www.pluralism.ca/en/events/forum/goup-rights.html) got his first job as a clerk of the Supreme Court of Canada and later earned a Masters from the Harvard law school in 1998. He is a champion in constitution reviews, especially in the ethnically divided societies.

Works by Choudhry can be found on Amazon.

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