The importance of a comparative perspective for the better understanding of our own domestic law cannot be overstated. (See an earlier post on this and other advantages of comparative law.) Yet, what place should comparative law take in the curriculum? Should a comparative element be included into every course on domestic law? Or should there be a special course on comparative law?
I think the answer should be BOTH.
Comparative Law in a Domestic Law Class
Giving a comparative perspective on issues discussed in a class on domestic law boosts students’ understanding of their own law. For example, in a wills and trusts class, when discussing testamentary freedom and its limitations in the United States, a comparative survey of the situation in other countries will prove invaluable for understanding why the United States legislator has chosen this particular route. Furthermore, demonstrating how a particular issue is solved in other countries fosters both critical examination of one’s own law and cross-cultural awareness.
Comparative Law as a Legal Discipline
Besides being a part of other classes on domestic law, comparative law should be afforded its own course (i.e. “Introduction to Comparative Law” or “The Legal Systems of the World”). In a comparative law course, students would learn comparative law methodology as well as acquire a basic understanding of the legal systems that exist on this planet, especially how they interrelate. Such a course should take the form of an introductory course and ideally would be offered to all first year students. Additional courses on comparative sub-disciplines (e.g. comparative constitutional law) may be offered as electives for advanced students.
By incorporating the above-described two-fold approach, law schools and universities can ensure that students are better prepared for the challenges of today’s global world!
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