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Comparative law is still underrepresented in law school curricula – and this is unfortunately an international phenomenon. As a student, you probably try to optimize your class load and choose courses that best prepare you for the bar exam. Similarly, as a professor and/or dean of a law school, you are concerned about attracting many students by offering a compelling portfolio of courses that provide ideal professional training. This post will demonstrate how a comparative law course will address all of these important needs.

(1) Comparative Law Facilitates Better Understanding of the Own Legal System

Comparative law is the science of comparing the different legal systems of the world. By teaching our students the key characteristics of the various legal systems – how they relate to each other and in what they differ – we help them viewing their own legal system from a different perspective. Thus, comparative law may help students to think critically about their own legal system. Specifically, they learn appreciate the purpose and policy behind a particular legal rule. Hence, comparative law ultimately facilitates a better understanding of the own legal system.

(2) Comparative Law Is an Important Element in the Legislative Process

The laws of the different countries in the world are by no means isolated. In fact, comparative law entireley rests on the idea that the laws of the world belong to one of only few legal families, the laws within each family sharing considerable similarities. (You can read more on legal families in another post.) Such clustering of laws has not occurred randomely. In fact, legislators when confronted with the task of drafting a new law, tend to draw inspiration from the various legal solutions found abroad.

(3) Comparative Law Is Important For Modern Lawyering

The world is shrinking and some international element is likely to be part of one or the other case a lawyer encounters in the course of his usual practice. Thanks to the internet, individuals can easily enter into cross-border contracts implicating laws of two or more countries. Business and – unfortunately – crime have internationalized. Even fairly “national” areas of law (i.e. property law or family law) have been affected by such internationalization. While the question of the law applicable to such cross-border cases is subject of yet another area of law (conflict of laws or private international law), a basic idea of the legal culture of the other country involved is extremely useful. Specifically, when you need to decide on the issue of the applicable law, the advantages of actually knowing what the foreign law entails cannot be overstated.

(4) Comparative Law Is An Important Tool For International Harmonization

As a result of the afore-mentioned internationalization of legal relationships, harmonization of laws plays an important part in today’s legal community. Yet, in order to harmonize existing laws, a thorough knowledge of all the laws in question is essential. In particular, it is important to understand how different laws relate to each other and how they differ. Hence, the science of comparative law comes into play. A basic understanding of the methods of comparative law should therefore be mandatory for every participant of any conference on the harmonization of law.

(5) Comparative Law Fosters Cross-Cultural Understanding

Law and culture are inextricably intertwined. Understanding the law of a foreign country brings you a step closer to the culture of this country. Two basic points follow from this statement: First, knowledge of the basic differences of the legal systems of the world is an important step towards understanding the different cultures in the world. Second, participation in a study abroad program can – if done properly (see another post) – be a valuable asset for any lawyer or aspiring jurist.

Are you sold yet? Then take action! Actively promote the embedding of comparative law as an integral part of the law school curriculum … and spread the word about CompareLex! Also, in order to keep up-to-date on comparative law, consider subscribing to this blog.