Comparative Jurisprudence
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Comparative law is the study of differences and similarities between the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
and
legal systems The contemporary national legal systems are generally based on one of four major legal traditions: civil law (legal system), civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country i ...
of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, civil law,
socialist law Socialist law or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with majo ...
,
Canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
,
Jewish Law ''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...
,
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
,
Hindu law Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...
, and
Chinese law Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has ...
. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of
internationalism Internationalism may refer to: * Cosmopolitanism, the view that all human ethnic groups belong to a single community based on a shared morality as opposed to communitarianism, patriotism and nationalism * International Style, a major architectura ...
and
economic globalization Economic globalization is one of the three main dimensions of globalization commonly found in academic literature, with the two others being political globalization and cultural globalization, as well as the general term of globalization. Econ ...
.


History

The origins of modern comparative law can be traced back to
Gottfried Wilhelm Leibniz Gottfried Wilhelm Leibniz (or Leibnitz; – 14 November 1716) was a German polymath active as a mathematician, philosopher, scientist and diplomat who is credited, alongside Sir Isaac Newton, with the creation of calculus in addition to ...
in 1667 in his Latin-language book (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several families. A few years later, Leibniz introduced an idea of Language families. Although every legal system is unique, comparative law through studies of their similarities and differences allows for classification of legal systems, wherein law families is the basic level of the classification. The main differences between law families are found in the source(s) of law, the role of court precedents, the origin and development of the legal system.
Montesquieu Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal so ...
is generally regarded as an early founding figure of comparative law. His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, ''
De l'esprit des lois ''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of heLaws'', is a treatise on political theory, as well as a pioneering work in comparative law by Mont ...
'' (1748; first translated by Thomas Nugent, 1750): Also, in Chapter XI (entitled 'How to compare two different Systems of Laws') of Book XXIX, discussing the French and English systems for punishment of false witnesses, he advises that "to determine which of those systems is most agreeable to reason, we must take them each as a whole and compare them in their entirety." Yet another place where Montesquieu's comparative approach is evident is the following, from Chapter XIII of Book XXIX: The modern founding figure of comparative and
anthropological Anthropology is the scientific study of humanity, concerned with human behavior, human biology, cultures, societies, and linguistics, in both the present and past, including archaic humans. Social anthropology studies patterns of behaviour, wh ...
jurisprudence was Sir
Henry Maine Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract ...
, a British jurist and legal historian. 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 engaged in a comparative discussion of
Eastern Eastern or Easterns may refer to: Transportation Airlines *China Eastern Airlines, a current Chinese airline based in Shanghai * Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 192 ...
and
West West is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance langu ...
ern legal traditions. This work placed comparative law in its historical context and was widely read and influential. The first university course on the subject was established at the
University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
in 1869, with Maine taking up the position of professor. Comparative law in the US was brought by a legal scholar fleeing persecution in Germany,
Rudolf Schlesinger Rudolf Berthold Schlesinger (1909 – November 10, 1996) was a German American legal scholar known for his contributions to the study of comparative law, a discipline that examines the differences and similarities among the legal systems of nation ...
. Schlesinger eventually became professor of comparative law at
Cornell Law School Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York. One of the five Ivy League law schools, Cornell Law School offers four degree programs (Juris Doctor, JD, Maste ...
helping to spread the discipline throughout the US.


Purpose

Comparative law is an academic discipline that involves the study of legal systems, including their constitutive elements and how they differ, and how their elements combine into a system. Several disciplines have developed as separate branches of comparative law, including comparative
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
, comparative
administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
, comparative civil law (in the sense of the law of
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
s,
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
s,
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
and
obligations An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. O ...
), comparative
commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
(in the sense of business organisations and trade), and comparative
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
. Studies of these specific areas may be viewed as micro- or macro-comparative legal analysis, i.e. detailed comparisons of two countries, or broad-ranging studies of several countries. Comparative civil law studies, for instance, show how the law of private relations is organised, interpreted and used in different systems or countries. The purposes of comparative law are: * To attain a deeper knowledge of the legal systems in effect * To perfect the legal systems in effect * Possibly, to contribute to a unification of legal systems, of a smaller or larger scale (cf. for instance, the
UNIDROIT UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize private internati ...
initiative)


Relationship with other legal subjects

Comparative law is different from general
jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
(i.e. legal theory) and from
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
and
private Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
international law. However, it helps inform all of these areas of normativity. For example, comparative law can help international legal institutions, such as those of the
United Nations System The United Nations System consists of the United Nations' six principal bodies (the General Assembly, Security Council, Economic and Social Council (ECOSOC), Trusteeship Council, International Court of Justice (ICJ), and the United Nations ...
, in analyzing the laws of different countries regarding their treaty obligations. Comparative law would be applicable to private international law when developing an approach to interpretation in a conflicts analysis. Comparative law may contribute to legal theory by creating categories and concepts of general application. Comparative law may also provide insights into the question of
legal transplants The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another (A. Watson, ''Legal Transplants: An Approach to Comparative Law'' ...
, i.e. the transplanting of law and legal institutions from one system to another. The notion of
legal transplants The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another (A. Watson, ''Legal Transplants: An Approach to Comparative Law'' ...
was coined by Alan Watson, one of the world's renowned legal scholars specializing in comparative law.
Gunther Teubner Gunther Teubner (born 30 April 1944 in Herrnhut) is a German legal scholar and sociologist, best known for his works within the field of Social Theory of Law. His work "stands as one of the most highly evolved positions in the contemporary sociolo ...
expanded the notion of legal transplantation to include ''legal irritation'': Rather than smoothly integrating into domestic legal systems, a foreign rule disrupts established norms and societal arrangements. This disruption sparks an evolution where the external rule's meaning is redefined and where significant transformations within the internal context are triggered. Lasse Schuldt added that irritation is not spontaneous, but requires institutional drivers. Also, the usefulness of comparative law for
sociology of law The sociology of law, legal sociology, or law and society, is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociolo ...
and
law and economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of econ ...
(and vice versa) is very large. The comparative study of the various legal systems may show how different legal regulations for the same problem function in practice. Conversely, sociology of law and law & economics may help comparative law answer questions, such as: * How do regulations in different legal systems really function in the respective societies? * Are legal rules comparable? * How do the similarities and differences between legal systems get explained?


Classifications of legal systems


David

René David René David (January 12, 1906 in Jura, France – May 26, 1990 in Le Tholonet, France) was a French Professor of Law. His work has been published in eight different languages. He was, in the second half of the 20th century, one of the key represe ...
proposed the classification of legal systems, according to the different ideology inspiring each one, into five groups or families: *
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
laws, a group subdivided into the: ** Civil law subgroup (whose jurisprudence is based on post-classical
Roman Law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
) ** Common law subgroup (originating in
English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
) *
Soviet Law The Law of the Soviet Union was the law as it developed in the Soviet Union (USSR) following the October Revolution of 1917. Modified versions of the Soviet legal system operated in many Communist states following the Second World War—including ...
*
Muslim Law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
*
Hindu Law Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...
*
Chinese Law Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has ...
*
Jewish Law ''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...
Especially with respect to the aggregating by David of the Civil and Common laws into a single family, David argued that the antithesis between the Common law and Civil law systems, is of a technical rather than of an ideological nature. Of a different kind is, for instance, the antithesis between, say, Italian and American laws, and of a different kind than between the Soviet, Muslim, Hindu, or Chinese laws. According to David, the Civil law legal systems included those countries where legal science was formulated according to Roman law, whereas Common law countries are those dominated by judge-made law. The characteristics that he believed uniquely differentiate the Western legal family from the other four are: * liberal democracy * capitalist economy * Christian religion


Arminjon, Nolde, and Wolff

Arminjon, Nolde, and Wolff believed that, for purposes of classifying the (then) contemporary legal systems of the world, it was required that those systems ''per se'' get studied, irrespective of external factors, such as geographical ones. They proposed the classification of legal system into seven groups, or so-called 'families', in particular the: * French group, under which they also included the countries that codified their law either in 19th or in the first half of the 20th century, using the Napoleonic ''code civil'' of year 1804 as a model; this includes countries and jurisdictions such as Italy, Portugal, Spain, Romania,
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
, various South American states such as Brazil,
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
,
Saint Lucia Saint Lucia is an island country of the West Indies in the eastern Caribbean. Part of the Windward Islands of the Lesser Antilles, it is located north/northeast of the island of Saint Vincent (Saint Vincent and the Grenadines), Saint Vincent ...
, the
Ionian Islands The Ionian Islands (Modern Greek: , ; Ancient Greek, Katharevousa: , ) are a archipelago, group of islands in the Ionian Sea, west of mainland Greece. They are traditionally called the Heptanese ("Seven Islands"; , ''Heptanēsa'' or , ''Heptanē ...
, Egypt, and
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
*
German group German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also Ger ...
* Scandinavian group, comprising the laws of Denmark, Norway, Sweden, Finland, and Iceland * English group, including, ''inter alia'', England, the United States, Canada, Australia, and New Zealand * Russian group * Islamic group (used in the
Muslim world The terms Islamic world and Muslim world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs, politics, and laws of Islam or to societies in which Islam is ...
) * Hindu group


Zweigert and Kötz

Konrad Zweigert and
Hein Kötz Hein Kötz (born 14 November 1935) is a German jurist, former Director of the Max-Planck-Institute for foreign and international private law (MPI-PRIV), the Bucerius Law School and Vice President of the Deutsche Forschungsgemeinschaft (DFG). Biog ...
propose a different, multidimensional methodology for categorizing laws, i.e. for ordering families of laws. They maintain that, to determine such families, five criteria should be taken into account, in particular: the historical background, the characteristic way of thought, the different institutions, the recognized sources of law, and the dominant ideology. Using the aforementioned criteria, they classify the legal systems of the world into six families: * Roman family * German family * Common law family * Nordic family * Family of the laws of the
Far East The Far East is the geographical region that encompasses the easternmost portion of the Asian continent, including North Asia, North, East Asia, East and Southeast Asia. South Asia is sometimes also included in the definition of the term. In mod ...
(China and Japan) * Religious family (Jewish, Muslim, and Hindu law) Up to the second German edition of their introduction to comparative law, Zweigert and Kötz also used to mention Soviet or socialist law as another family of laws.


Glenn

H. Patrick Glenn''Legal Traditions of the World'' - Oxford University Press, 2000 proposed the classification of legal systems places national laws in the broader context of major legal tradition: * Chthonic (or indigenous) law *
Talmudic law Talmudic law is the law that is derived from the Talmud based on the teachings of the Talmudic Sages. * See Talmud or Talmudical Hermeneutics Talmudical hermeneutics (Hebrew: מידות שהתורה נדרשת בהן) defines the rules and metho ...
*
Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
*
Hindu law Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...
* Confucianism law * Civil law *
Common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...


Professional associations

*
American Association of Law Libraries The American Association of Law Libraries (AALL) is a nonprofit educational organization with over 5,000 members across the United States. AALL's mission is to promote and enhance the value of law libraries to the legal and public communities, to ...
* American Society of Comparative Law * International Association of Judicial Independence and World Peace *
International Association of Procedural Law International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
*
International Law Association The International Law Association (ILA) is a non-profit organisation based in Great Britain that — according to its constitution — promotes "the study, clarification and development of international law" and "the furtherance of international ...


Comparative law periodicals

* ''
American Journal of Comparative Law The ''American Journal of Comparative Law'' (AJCL) () is a quarterly, peer-reviewed law journal devoted to comparative and transnational legal studies—including, among other subjects, comparative law, comparative and transnational legal history ...
'' * ''
German Law Journal The ''German Law Journal'' is a peer-reviewed, online-only open access law journal reporting on the developments in German, European and international jurisprudence. It is published by Washington & Lee University School of Law. Publication of ...
'' * ''
Journal of Comparative Legislation and International Law The ''International & Comparative Law Quarterly'' is a law review published quarterly by the British Institute of International and Comparative Law. It was established in 1952 and covers comparative law as well as public and private internationa ...
''
''The Journal of Comparative Law''


See also

* ''Annual Bulletin'' of the Comparative Law Bureau (American Bar Association: 1908–1914, 1933), the first comparative law journal in the U.S. * Comparative criminal justice *
Comparative law wiki A comparative law wiki is a wiki that allows users to create empirical cross-reference datasets for the analysis of the world's myriad legal systems. Examples Over the past decade, there have been several attempts to create a global legal wiki, t ...
, online wikis where jurists can complete questionnaires regarding their home legal system *
Friedrich Carl von Savigny Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and historian. Early life and education Savigny was born at Frankfurt am Main, of a family recorded in the history of Lorraine, deriving its name from the cast ...
(1779–1861) – a German legal scholar who wrote on comparative law *
List of national legal systems The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
*
Rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...


References


Notes


Citations


Sources

* Billis, Emmanouil. 'On the methodology of comparative criminal law research: Paradigmatic approaches to the research method of functional comparison and the heuristic device of ideal types', ''Maastricht Journal of European and Comparative Law'' 6 (2017): 864–881. *
H Collins Hugh Collins, (born 21 June 1953) is Cassel Professor of Commercial Law at the London School of Economics and Political Science, and emeritus Vinerian Professor of English Law, ''Vinerian Professor of English Law'' at All Souls College, Oxford, ...
, 'Methods and Aims of Comparative Contract Law' (1989) 11 OJLS 396. * Cotterrell, Roger (2006). ''Law, Culture and Society: Legal Ideas in the Mirror of Social Theory''. Aldershot: Ashgate. * De Cruz, Peter (2007) ''Comparative Law in a Changing World'', 3rd edn (1st edn 1995). London: Routledge-Cavendish. * Donahue, Charles (2008) 'Comparative Law before the "Code Napoléon"' in ''The Oxford Handbook of Comparative Law''. Eds. Mathias Reimann & Reinhard Zimmermann. Oxford: Oxford University Press. * Glanert, Simone (2008) 'Speaking Language to Law: The Case of Europe', ''Legal Studies'' 28: 161–171. * Hamza, Gabor (1991). ''Comparative Law and Antiquity''. Budapest: Akademiai Kiado. * Husa, Jaakko. ''A New Introduction to Comparative Law''. Oxford–Portland (Oregon): Hart, 2015. *
O Kahn-Freund Sir Otto Kahn-Freund, QC (17 November 1900 – 16 August 1979) was a scholar of labour law and comparative law. He was a professor at the London School of Economics and the University of Oxford. Biography Kahn-Freund was born in Frankfurt am ...
, 'Comparative Law as an Academic Subject' (1966) 82 LQR 40. * Kischel, Uwe. ''Comparative Law''. Trans. Andrew Hammel. Oxford: Oxford University Press, 2019. * Legrand, Pierre (1996). 'European Legal Systems Are Not Converging', ''International and Comparative Law Quarterly'' 45: 52–81. * Legrand, Pierre (1997). 'Against a European Civil Code', ''Modern Law Review'' 60: 44–63. * Legrand, Pierre & Roderick Munday, eds. (2003). ''Comparative Legal Studies: Traditions and Transitions''. Cambridge: Cambridge University Press. * Legrand, Pierre (2003). 'The Same and the Different', in ''Comparative Legal Studies: Traditions and Transitions''. Eds. Pierre Legrand & Roderick Munday. Cambridge: Cambridge University Press. * Leibniz, Gottffried Wilhelm (2017) ''The New Method of Learning and Teaching Jurisprudence... Translation of the 1667 Frankfurt Edition''. Clark, NJ: Talbot Publishing. * Lundmark, Thomas. ''Charting the divide between common and civil law''. Oxford University Press, 2012. * MacDougal, M.S. 'The Comparative Study of Law for Policy Purposes: Value Clarification as an Instrument of Democratic World Order' (1952) 61 Yale Law Journal 915 (difficulties and requirements of good comparative law). * . * Menski Werner (2006) ''Comparative Law in a Global Context: the Legal Traditions of Asia and Africa''. Cambridge: Cambridge University Press. * Örücü, Esin & David Nelken, eds. ''Comparative Law: A Handbook''. Oxford: Hart, 2007. * Örücü, Esin. ''The enigma of comparative law: variations on a theme for the twenty-first century''. Leiden: Martinus Nijhoff, 2004. * Reimann, Mathias & Reinhard Zimmermann, eds. ''The Oxford Handbook of Comparative Law'', 2nd edn. Oxford: Oxford University Press, 2019 (1st edn. 2008). * Samuel, Geoffrey. ''An Introduction to Comparative Law Theory and Method''. Oxford: Hart, 2014. * Siems, Mathias. ''Comparative Law''. Cambridge: Cambridge University Press, 2014. * Watson, Alan. ''Legal Transplants: An Approach to Comparative Law'', 2nd edn. University of Georgia Press, 1993. * Zweigert, Konrad & Hein Kötz. ''An Introduction to Comparative Law'', 3rd edn. Trans. Tony Weir. Oxford: Oxford University Press, 1998. ;Legal systems * . * Glendon, Mary Ann, Paolo G. Carozza, & Colin B. Picker. ''Comparative Legal Traditions in a Nutshell'', 4th edn. West Academic Publishing, 2015. * Glendon, Mary Ann, Paolo G. Carozza, & Colin B. Picker (2014). ''Comparative Legal Traditions: Text, Materials and Cases on Western Law'', 4th edn. West Academic Publishing. * Glenn, H. Patrick. ''Legal Traditions of the World'', 5th edn. Oxford: Oxford University Press, 2014 (1st edn 2000). ;Fields * Bignami, Fracesca & David Zaring, eds. ''Comparative Law and Regulation: Understanding the Global Regulatory Process''. Edward Elgar, 2018. * Graziano, Thomas Kadner. ''Comparative Contract Law: Cases, Materials and Exercises'', 2nd edn. Edward Elgar, 2019. * Kozolchyk, Boris. ''Comparative Commercial Contracts: Law, Culture and Economic Development'', 2nd edn. West Academic Publishing, 2018. * Nelken, David, ed. ''Contrasting Criminal Justice: Getting from Here to There''. Aldershot: Ashgate/Dartmouth, 2000. * Roberts, Anthea et al., eds. ''Comparative International Law''. Oxford: Oxford University Press, 2018.


External links


Alan Watson Foundation

Eason Weinmann Center for International and Comparative Law at Tulane University Law School

European Union national law portal

Global-Regulation search engine

International Academy of Comparative Law

International Association of Constitutional Law

International Constitutional Law

JuriGlobe

Max Planck Institute for Comparative Public Law and International Law

Oxford University Comparative Law Forum

US Library of Congress Guide to Law Online: Nations

US Library of Congress Global Law blog
{{Authority control Academic disciplines Jurisprudence