What are the Basic Fields in Which Comparative Legal Analysis is Employed?

Comparative law refers to the study of legal systems between different countries by

comparison with one another. Comparative legal analysis focuses on examining similarities and

differences between different countries at a particular point in time. Conversely, comparative

legal analysis can also focus on a single country alone, following a similar piece of legislation

within a given timeframe. The major purpose of comparative law analysis is to learn and

understand from a national jurisprudence’s experiences in a certain field and thus find arguments

that can support a case in an international legal system or that involve parties from different

countries. One of the most common areas where comparative law plays an important role is in

matters that relate to harmonization or unification of law, as well as, conflict of laws particularly

with regard to regional matters.

In the increasingly internationally connected world, comparative world must take a more

crucial role. With the emergence of significant new advancements over the recent few decades,

such as unprecedented upsurge of Information and communication technologies (ICT),

international capital markets that start in Asia up to the U.S., and mutual global trade in

merchandise such as oil, metals, automobiles, electronics, and foodstuff, the world is connected

in significant common ways. ICT and particularly the expanded use of the internet have made the

contemporary world a global village. However, there are differences between countries and parts

of the world, notwithstanding the increasing common linkages. Therefore, there is need to assess

the role of comparative law in order to promote insight and knowledge and an ideal level of

harmonization over important issues where comparative legal analysis is employed (Eberle,

2009).

Private international law is termed as the most admired comparative legal science. Since

the initial stages of the development of international law, the role of private international law has

been characterized as to compare (municipal) laws and choose the most excellent among them

(Butler, 1980).

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