Comparative Law Flashcards: Private Law and Levels of Comparison

Comparative law focuses on comparing different legal systems around the world.

Micro comparison in comparative law concentrates on legal institutions as a whole.

The responsibility of the manufacturer for harm caused by defective goods falls under micro comparison in comparative law.

Comparative law is synonymous with private international law.

Public international law is one of the legal areas that comparative law encompasses.

Comparative law studies legal systems that are consecutive in time.

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.

Comparative law and legal history have the same scope of study.

Legal ethnology is a field closely related to comparative law.

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

Explore the concept of private comparative law which involves comparing different legal systems worldwide to identify differences and similarities in the sense of justice. Delve into different levels of comparison such as macro comparison which looks into methods of handling legal materials, dispute resolution procedures, roles of individuals in the law, and more.