The Role of Comparative Legal Research in The Development of Law
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Date
2014
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Basic and Applied Sciences, Australia.
Abstract
Background: Comparative legal research is a field of law that has been abandoned
over the decades for its lack of popularity as a concept due to the many controversies
and criticisms surrounding it. It is a field of study that is only recently gaining footing
in the legal profession with its recent resurgence and awakening of legal scholars and
student to the fact that it may have some importance after all. Objective: This article
therefore aims to show how comparative legal research has influenced the development
of law from time immemorial to the present time and see how it will continue to do so
in the future despite the pitiable situation it is in presently. It is also the aim of this
article to show the efforts made by comparatists in making sure that laws are in
conformity with the advancement in development around the globe by its main function
of law reform especially in this era of globalization. The article, while concentrating on
the impact comparative legal research has had on the development of law with special
reference to law reforms in some modern nations, also analysis the manners in which
comparative legal research has been used to solve some international dispute on
commercial law when they arise. Results: The result of this research shows amongst
others: that one of the aims of comparative legal research is to find solutions to a
specific problem in a legal system by comparing with other legal systems having a
similar problem or condition; that the methods used in comparative legal research are
not original to the discipline and there is no one single method generally accepted by all
comparatists; and that the concept of comparative legal research helps the law makers
in solving quite a number of problems faced in the process of law making..
Conclusion: The article concludes that legislation and law reform are the main purpose
of comparative legal research.
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Citation
(9) Aishat Abdul-Qadir Zubair, (2014). The Role of Comparative Legal Research in The Development of Law Aust. J. Basic & Appl. Sci., 8(9): 249-256, Published by Basic and Applied Sciences, Australia.