Comparative law is the study of differences and similarities between the law of different

countries. More specifically, it involves study of the different legal systems in existence
in the world, including the common law, the civil law, socialist law, Canon law, Jewish
Law, Islamic law, Hindu law, and Chinese law.
It includes the description and analysis of foreign legal systems, even where no explicit
comparison is undertaken. The importance of comparative law has increased
enormously in the present age of internationalism, economic globalization and
democratization
Comparative Law-Introduction
Comparative Law is the study of the relationship between legal systems or between
rules of more than one system, their differences and similarities.
Comparative Law is a method of comparing legal systems, and such comparison
produces results relating to the different legal cultures being analysed.
Comparative Law also plays a role in a better understanding of foreign legal systems. In
this age of globalization and the complexity and intertwinement of international public
and private law, it plays an increasing important role in international harmonization and
unification of laws, thereby leading to more international cooperation and a better world
order.
Legislators increasingly make use of foreign law in drafting new legislation and in more
and more countries courts draw inspiration from abroad as well.
The increasing importance of comparing legal systems is true not only for the academic
discipline of Comparative Law as such (where the focus is usually on methodology), but
also for specific areas of law.
History[
The origins of modern comparative law can be traced back to 18th century Europe,
although, prior to that, legal scholars had always practiced comparative methodologies.

The first university course on the subject was established at the University of Oxford in
1869,
Comparative law in the US was brought by a legal scholar fleeing persecution in
Germany, Rudolf Schlesinger. Schlesinger eventually became professor of comparative
law at Cornell Law School helping to spread the discipline throughout the US.
Purpose,Utililty, Nature:

Comparative law is an academic discipline that involves the study of legal systems,
including their constitutive elements and how they differ, and how their elements
combine into a system.
Several disciplines have developed as separate branches of comparative law, including
comparative constitutional law, comparative administrative law, comparative civil law
and comparative criminal law.
Studies of these specific areas may be viewed as micro- or macro-comparative legal
analysis, i.e. detailed comparisons of two countries, or broad-ranging studies of several
countries.
Comparative civil law studies, for instance, show how the law of private relations is
organised, interpreted and used in different systems or countries. The purposes of
comparative law are:

To attain a deeper knowledge of the legal systems in effect

To perfect the legal systems in effect

Possibly, to contribute to a unification of legal systems, of a smaller or larger

scale (

Relationship with other legal subjects:GLOBAL CONTEXT

Comparative law is different from the fields of general jurisprudence (legal

theory), international law, including both public international law and private international
law (also known as conflict of laws).
Despite the differences between comparative law and these other legal fields,
comparative law helps inform all of these areas of normativity

. For example, comparative law can help international legal institutions, such as those of
the United Nations System, in analyzing the laws of different countries regarding their
treaty obligations.

Comparative law would be applicable to private international law when developing an

approach to interpretation in a conflicts analysis. Comparative law may contribute to
legal theory by creating categories and concepts of general application.
Comparative law may also provide insights into the question of legal transplants, i.e.
the transplanting of law and legal institutions from one system to another.
Also, the usefulness of comparative law for sociology of law and law and
economics (and vice versa) is very large. The comparative study of the various legal
systems may show how different legal regulations for the same problem function in
practice. Conversely, sociology of law and law & economics may help comparative law
answer questions, such as:

How do regulations in different legal systems really function in the respective

societies?

Are legal rules comparable?

How do the similarities and differences between legal systems get explained

Because it inherited a common law judicial system,

COMPARATIVE LAW INDIA CONTEXT

India frequently relies upon foreign judgments in the interpretation of its laws. In fact,
reliance on foreign precedents is necessary in certain categories of appellate litigation
and adjudication.

Indeed, the current Chief Justice of India stated in a lecture that Indian domestic courts
are called upon to engage with foreign precedents in fields such as Conflict of Laws.

Indian laws are modeled on British statutes and enactments. The fundamental rights of
citizens of India under the Constitution of India are based entirely on the U.S. Bill of
Rights.

As a result, it is imperative that the higher judiciary in India follow the precedents of
foreign courts in clarifying the parameters of statutes applied. Courts are also required
to review the text and interpretations of international instruments, e.g., treaties,
conventions, and declarations.

The Chief Justice of India has stated, In recent years, the decisions of Constitutional
Courts in common law jurisdictions such as South Africa, Canada, New Zealand and
India have become the primary catalyst behind the growing importance of comparative
constitutional law.

In India, as in the jurisdictions mentioned, reliance on foreign precedents has become

commonplace in public law litigation.

It is recognized that Indian courts look to international as well as comparative law

sources in determining creative strategies for developing norms for the protection of life
and liberty guaranteed by Article 21 of the Constitution of India.
Reliance on foreign precedents is considered a vital instrumentality for the Indian
Supreme Courts decisions, which have extended constitutional protection to several
socio-economic entitlements and causes, such as environmental protection, gender
justice, and good governance, among others.
Access to foreign legal materials has become much easier because of the development
of information and communications technology. Thus, the Indian courts can more easily
obtain and review foreign judgments and precedents for use in domestic law
interpretations.
Since the promulgation of its Constitution in 1950, courts in India have frequently relied
on decisions from other common law jurisdictions, the most prominent among them
being the United Kingdom, the United States, Canada, and Australia.

The opinions from the courts of these countries have been readily cited and relied on in
landmark constitutional cases dealing with the right to privacy, including one such case
in which the Supreme Court of India dealt with unauthorized police surveillance and
held it was a violation of the right of privacy on the facts of the case presented.

In upholding this right, the Court relied on numerous decisions of the U.S. Supreme
Court. In another instance concerning freedom of the press, the Court relied on the
U.S. Supreme Courts decision in Kovacs v. Cooper

While subsequently upholding the death sentence, the Supreme Court of India relied
on the U.S. cases of Furman v. Georgia, Arnold v. Georgia, and Proffitt v. Florida

In a recent decision of the Delhi High Court, delivered on July 2, 2009, section 377 of
the Indian Penal Code (No. 45 of 1876), which describes the offense of homosexuality,
was declared a violation of those rights guaranteed under the Constitution.

In declaring the provision unconstitutional, the High Court relied on a number of U.S.
decisions, including Griswold v. State of Connecticut, where the U.S. Supreme Court
invalidated a state law prohibiting the use of drugs or devices of contraception in
protecting the right of privacy; Olmstead v. United States, where the Indian Supreme
Court especially considered the dissent of Justice Brandeis on the right to privacy; and
the landmark abortion decision, Roe v. Wade.