CompareLex

Recently, several German associations of legal professionals presented their booklet Law – Made in Germany [the pdf is available here]. The booklet contains a survey of aspects of German law that are relevant for foreign companies and investors. By comparing German legal institutions with their counterparts in the United States and Great Britain, the brochure aims at convincing foreign entrepreneurs to invest in Germany.

In this regard, Law – Made in Germany uses comparative law in an intriguing, yet also provocative way. It seems obvious that comparing one’s own legal system with one or more other legal systems, will be more or less characterized by a natural bias towards one’s own system – simply because it is more familiar. The pure neutrality of the comparative process as stipulated by the functional method (see another post) is probably illusory. The step to promoting one’s own law is thus just another extension of this natural bias. Yet, should this further (marketing) step be made?

On the one hand, such legal marketing serves the better understanding of foreign law. Readers of the booklet acquire a better (though possibly biased) understanding of German law. On the other hand, the one-sided praise of one’s own legal system, together with the negative presentation of other legal systems, is in stark contrast with the basic goal of comparative law to foster harmonization of the legal systems of the world.

I think the use of comparative law as a marketing tool has the potential to further bolstering the significance of this still under-appreciated area of law. yet, it should be employed fairly, i.e. full account should be given to other legal systems … instead of just a cursory presentation of other legal systems’ flaws.