An In-depth Look at Comparative Law

Comparative law is explained as the study of similarities and differentiations that exist in various states. It mainly involves the learning of various legal systems that exist all over the world. Some of these jurisdictions include Jewish law, Civil Law, Hindu Law, Socialist law, Common Law, Canon Law, Islamic law, and Chinese law. The comparative law consists of analysis and description of foreign legal systems. The importance of comparative law has significantly increased in the current age of economic globalization, internationalism, and democratization.

The modern comparative law started in the 18th Century in Europe. Legal scholars practiced comparative methodologies before that. Montesquieu is regarded as the general founder of comparative law. The comparative law states that the civil and political laws of every country have to be adapted in a way to suit people of different nations. A British jurist known as Sir Henry Sumner Maine is regarded as the founding figure of the modern comparative law. Sir Henry became the first professor at the university to teach the subject when the University of Oxford had introduced comparative law as a subject. The comparative law was brought to the US by Rudolf Schlesinger. Rudolf was a legal scholar escaping persecution in Germany. Rudolf took up the role of a comparative law professor after the comparative law had been taken up as a subject at Cornell Law School. He contributed a lot in spreading comparative law all over the US.

Sujit Choudhry is the Faculty Director and Founder of the Center for Constitutional Transitions. He is a famous authority when it comes to both comparative constitutional development and comparative constitutional law. Sujit focuses on addressing the simple methodological questions that arise in comparative constitutional law. Sujit has published more than 70 book chapters, articles, reports, and working papers. Some of his edited collections include “The Migration of Constitutional Ideas,” “Constitutional Design for Divided Societies,” among others. Sujit serves on the Executive Committee of the International Society of Public Law. He is also a member of the Board of Advisers for the Cambridge Studies in Constitutional Law. Sujit worked at the World Bank and is also a member of the United Nations Mediation Roster.