Comparative law is the study of the relationship between legal systems. It involves studying similarities and differences between laws of different nations. It analyses different law cultures such as common law, civil law, Islamic law, and Jewish law. It helps us to understand foreign law systems and to harmonize between local law and internal law. The goal of comparative law is to have a deeper understanding of law itself. It also strives to perfect the law systems already in place.
The ultimate goal of comparative law is to try and unify all the legal systems. Comparative law formally originated from Europe in the 18th century. Montesquieu is largely referred to as a formative founding father of comparative law. Evidence of this can be found in chapter 3 of his book 1 of his masterpiece, De l’esprit des lois (1748). He makes reference to suitability of political and civil laws to the members of a nation as paramount. The modern founder of comparative law is Sir Henry Maine. Special info here.
In his 1861 work Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas. He makes reference to comparative studies between occidental and oriental legal traditions. Sujit Choudhry is Michael Heyman Professor of Law at Berkeley. He is an international authority is comparative law. He has been an advisor to the constitution making processes in a host of countries. He has advised in South Africa, Nepal, Egypt, Sri Lanka, Libya, Jordan, Tunisia and Ukraine.
Before being appointed to Berkeley, he was Cecelia Goetz Professor of Law at the New York University School of Law. He was also previously Scholl Chair at the School of Law, University of Toronto. He has law degrees from the prestigious Oxford, Toronto and Harvard Law Schools.Professor Sujit Choudhry is one of the founders of the Center for Constitutional Transactions in his capacity as Director. This is an organization that brings together comparative law experts to do research projects that offer solutions based on evidence. He has done some work himself. He has not only written research papers but also books.
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His books include Constitutional Design for Divided Societies: Integration or Accommodation?, Constitution Making (Constitutional Law Series, #2) and The Migration of Constitutional Ideas. It is no wonder that he is an international force in comparative and constitutional law. In conclusion, comparative law is the study of similarities and dissimilarities of law systems of different countries. It works towards a better understanding of foreign law. Professor Sujit Choudhry is a leading pillar of comparative law the world over. He has advised the constitution making processes in several countries in the world.
More about Sujit on http://sujitchoudhry.com/publication/