Comparative Law in Jurisprudence

The modern founding figure of comparative and anthropological jurisprudence was Sir Henry Maine, a British jurist and legal historian. [4] In his 1861 work Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas, he set out his views on the development of legal institutions in primitive societies and participated in a comparative discussion of Eastern and Western legal traditions. This book placed comparative law in its historical context and was widely read and influential. The most important part of comparative law is the understanding of international law. It not only promotes good international relations, but also contributes to awareness and strong international cooperation. There are many international legal mechanisms and legal rules that link different countries for the functioning of a particular aspect of society. Public and private international law, humanitarian law, martial law, international criminal law, international humanitarian law and international refugee law are some of the fundamental components of international law. The Outer Space Treaty has been signed by many countries to regulate space exploration. The study of these international conventions and treaties helps to understand the relationship between different countries and these legal mechanisms. It also promotes a better understanding of the law between countries. The advantages of comparative law for the sociology of law and law (and vice versa) are also very important. The comparative study of different legal systems can show how different legal regulations for the same problem work in practice.

Conversely, the sociology of law and the sociology of law and economics can help answer questions such as: The article was written by Vishruti Chauhan, who is seeking a BA LLB from Symbiosis Law School, Hyderabad. This article emphasizes the importance of studying comparative law. It describes the origin of the term, the classifications and the meaning of this method in the legal field. In 1831, a chair of comparative law was created at the Collège de France; In 1846, he was appointed professor of comparative criminal law at the University of Paris. In 1869, the Society of Comparative Legislation was founded in France, followed in 1873 by the Institute of International Law and the Association of International Law. In England, the Society of Comparative Legislation was founded in 1895, and in 1894 the Quain Professorship for Comparative Law was established at the University of London. Similarly, chairs in comparative law have been set up and foreign law projects have been carried out throughout the European continent, but with a particular focus on France. Micro-comparison does not require any special preparation. The specialist of a national system is usually qualified to study those of different other countries of the same general family. Its main need is access to bibliographic material. In the United States, each state has its own laws and, for some purposes, its own customary law. Thus, the American lawyer must be a microcompatist, because he takes into account daily the 50 state systems and federal law in his legal practice.

The same is true to a large extent for the Australian, Indian or Kenyan lawyer, who must take into account not only his own national system, but also the laws of England and other Commonwealth common law jurisdictions. Everything that can be said about common law systems is largely true of Roman law families and socialists. Comparative French law students have little difficulty in contrasting the laws of certain countries as long as they limit their studies to French, German, Italian and Dutch, which are linked in tradition and structure and serve a similar type of society. The upheavals resulting from the First World War (1914-18) led to a change of direction. From then on, the European interest began to extend beyond the continental systems themselves, first to those of the common law countries (mainly England and the United States), then even further to the socialist systems, and finally, after 1945, to the laws of the newly independent states of Asia and Africa. The new territory of legal studies that has thus opened up has led to references to comparative law rather than comparative legislation. This is the most commonly used method for comparative studies. This method focuses on analyzing the meaning of various aspects of the law.

It analyzes how the same concept can be understood in various ways. This includes the use of various terms in the legal notice such as – right, liberty, fraud, defamation, etc. There are concepts and terms that may be the same at the definition level, but are interpreted and analyzed differently. The method used in this study helps to compare and understand the conditions of use and interpretation, which could be similar in substance, but used differently. There are trade and economic issues, as well as scientific issues related to space exploration, where international consensus becomes very important. And for such agreements, knowledge of the rules and regulations of different countries plays a crucial role. It is also crucial for the growth of the e-commerce industry and modern communication technologies, where jurisdictional issues still prevail and therefore the interaction of legal mechanisms will inevitably take place. The comparative method is useful for understanding the system of one`s own country and another country.

It provides insight into various political, economic, cultural, social and historical aspects, paving the way for an easier way to approach trade or diplomatic relations with other nations. It also assesses the degree of integration of legal systems and a balance at the global and national levels. The comparative method has attracted a lot of attention over the past two decades. The analysis of legal systems and a better understanding of private and international law are proving to be crucial methods. A comparative study is of such an important nature that it allows students and professionals to explore the internal structure of each legal system. It also allows minds to develop new laws and policies in a better way by analyzing the existing legal structures of other nations and cultures. At the global level, comparative law shapes and promotes various aspects of the law and issues relating to different global and national perspectives. Foreign inspiration from a set of legal rules or institutions is a well-known phenomenon that is sometimes so all-encompassing as «reception» — the reception, for example, of English common law in the United States, Canada, Australia, India and Nigeria; reception of French law in French Africa, Madagascar, Egypt and South-East Asia; Reception of Swiss law in Turkey; and the reception of German and French law in Japan, as well as even a certain reception of American common law.