The Scope of Comparative Legal Studies

Just looking at the keywords of some recently published law review articles gives you the impression that comparative law is nearly everywhere. Even US courts in their decisions are now increasingly referring to the state of law abroad. Foreign law has even found its place in the current confirmation hearings of Supreme Court nominee Sonia Sotomayor. Does this mean that we are finally witnessing the emergence of comparative law as a fully respected legal discipline? Unfortunately not really. While certainly a rising awareness of foreign laws is applaudable, such cursory hints to foreign legal solutions – with the main intent of adding another point to a domestic legal argument – may very well dilute the concept of comparative law as a legal discipline. In order to prevent this from happening, this post intends to clarify the scope of comparative legal studies. Read More »

How to Translate a Legal Text

Whether you are studying a foreign law, are writing about it, or have to advise others on it, finding the right words is not always easy. Often a literal translation is not possible or would not make much sense. Once again, proper knowledge of the foreign legal system is key. That is why comparative law and legal translation are inextricably intertwined … and why comparative lawyers should master the basics of legal translation. [In fact, at my alma mater the University of Passau in Germany, translating legal texts was an integral part of the foreign law education.] In the following, I will give you a few tips on how to tackle a legal translation challenge. Read More »

Addendum to “Comparative Law as Marketing Tool”

Since writing Comparative Law as Marketing Tool, I came across two additional articles related to the brochure Law – Made in Germany that I would like to share: Read More »

Comparative Methodology 101: Quantitative Comparative Law

In the third sequence of our Comparative Methodology 101 series, it is getting even more numerical! After discussing the (still) prevalent functional method that is now challenged, inter alia, by the comparative law and economics movement, let’s look at quantitative comparative law. Read More »

Caught Between Two Systems – Mixed Jurisdictions

In a previous post, I discussed different ways of classifying the legal systems of the world. What I have not yet talked about are legal systems that historically fit in more than one group. You may have already heard of so-called mixed jurisdictions. Yet, what does this term really mean? And what countries fall into that category? This post will give you a quick overview. Read More »