Definition of Comparative Method in Law

The right is the regulation of rules with the purpose of a coexistence harmonic social. The objective of law is to obtain justice.

The law has several branches and each one of them deals with a type of human relations. There is the civil law, criminal, constitutional, administrative, etc. There are also various philosophical approaches in law: the positivism and naturalism. The entire legal framework makes up the science of law.

One of its aspects is comparative law. Each country has its own legislationBut the countries are not isolated and have ties. In a globalized world like ours, relations between nations are becoming closer and it is useful to have legal tools to coordinate the interaction between countries. Comparative law, therefore, is an auxiliary tool so that legislation can resort to another in the case of needing a legal change or if it is necessary to find a solution to a trouble. In this sense, comparison it is usually done between countries with similar cultural traditions. In addition to being an instrument to transfer rules, comparative law can be understood as a common trunk, each legislation being one of its branches.

Comparative law is a method of analysis and allows us to contrast two legal realities. Suppose a discipline legal (criminal law). And there is a country that comes out of a war and wants to have a new legal framework. To do this, you will have to resort to other sources, to a model that serves as a reference. It would be like copying a set of rules that have worked in one place and applying them in another in the hope that they will work too.

One of the areas where comparative law has the greatest relevance is in commercial relations. And for these to be effective it is necessary to create uniform legal frameworks and for this it is necessary to apply the comparative method. Something similar happens with the international courts of justice or the universal declaration of human rights. In these cases it is also necessary to create norms that are a synthesis of others and to achieve this it is necessary to establish comparisons between the laws in force.

On conclusion, comparative law is an analysis tool, useful to interact in a sphere of law and necessary in an increasingly globalized world.