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Questions and Answers
Comparative law focuses on comparing different legal systems around the world.
Comparative law focuses on comparing different legal systems around the world.
True (A)
Micro comparison in comparative law concentrates on legal institutions as a whole.
Micro comparison in comparative law concentrates on legal institutions as a whole.
False (B)
The responsibility of the manufacturer for harm caused by defective goods falls under micro comparison in comparative law.
The responsibility of the manufacturer for harm caused by defective goods falls under micro comparison in comparative law.
True (A)
Comparative law is synonymous with private international law.
Comparative law is synonymous with private international law.
Public international law is one of the legal areas that comparative law encompasses.
Public international law is one of the legal areas that comparative law encompasses.
Comparative law studies legal systems that are consecutive in time.
Comparative law studies legal systems that are consecutive in time.
In comparative law, macro comparison investigates specific legal institutions and their solutions.
In comparative law, macro comparison investigates specific legal institutions and their solutions.
The primary objective of comparative law is to study the public international law of the EU.
The primary objective of comparative law is to study the public international law of the EU.
Comparative law and legal history have the same scope of study.
Comparative law and legal history have the same scope of study.
Legal ethnology is a field closely related to comparative law.
Legal ethnology is a field closely related to comparative law.
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Study Notes
Concept of Comparative Law
- Comparative law compares different legal systems of the world to identify differences and similarities, promoting a unitary sense of justice.
Levels of Comparison
- Macro comparison: • Researches methods of handling legal materials, procedures for resolving disputes, and roles of those engaged in the law • Examines the legal system as a whole, e.g., style of codification, official state courts, judges, and lawyers
- Micro comparison: • Focuses on individual concrete problems and their solutions • Studies specific legal institutions or problems and the rules used to solve actual problems or conflicts, e.g., manufacturer's responsibility for harm caused by defective goods, and disinheritance
What Comparative Law is Not
- Not Private International Law: • Contains rules of competence that determine which national law to apply • Leads to the application of a specific national law
- Not Public International Law: • Supranational and global system of law • Objective is to study public international law of the EU to compare to another public international system
- Not Legal History and Legal Ethnology: • Studies systems that are consecutive in time • Comparative law studies systems that are coexistent in space
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