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Comparative Public Law Overview

This document provides an introduction to the course "Comparative Public Law" taught by Dr. Sachin Rastogi. It defines comparative law as the academic discipline that studies and compares different legal systems in the world, such as civil law, common law, canon law, and Hindu law. Comparative law involves comparing two or more legal systems, rules, or institutions to identify their similarities and differences and explain the factors behind those similarities and differences. Comparative law is a method of legal study and research rather than a distinct legal subject, as it does not create independent legal rules but allows insights by examining multiple legal systems.

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51 views5 pages

Comparative Public Law Overview

This document provides an introduction to the course "Comparative Public Law" taught by Dr. Sachin Rastogi. It defines comparative law as the academic discipline that studies and compares different legal systems in the world, such as civil law, common law, canon law, and Hindu law. Comparative law involves comparing two or more legal systems, rules, or institutions to identify their similarities and differences and explain the factors behind those similarities and differences. Comparative law is a method of legal study and research rather than a distinct legal subject, as it does not create independent legal rules but allows insights by examining multiple legal systems.

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AMAN
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd

COMPARATIVE PUBLIC LAW

LAW669

Dr. Sachin Rastogi


Professor
Amity Institute of Advanced Legal Studies
Amity University Uttar Pradesh
Noida
Module 1
Preliminaries
Introduction
 Comparison is a mental process where two or more different
objects are examined to determine their possible relationships.

 It involves the composition of different objects in one’s


conscience so that human intelligence, when moving from one
object to the other, finds them to be identical, similar or
opposite.
 It is understood more broadly as that academic discipline that
deals with the diversity and plurality of legal systems.

 Law is the raw material of comparative law.

 It involves the study of different legal systems in existence in the


World such as the Civil law, Common law, Canon law, Hindu law
etc.
 In the strict sense, it is the theoretical study of legal systems by
comparison with each other.

 More specifically, it involves the study of the different legal


"systems” (or "families") in existence in the world. It includes the
description and analysis of foreign legal systems, even where no
explicit comparison is undertaken.

 In this context, the comparative method as a method of legal


science, is designed to perform certain cognitive tasks:

 to identify the similarities and differences between two or


more legal systems, or rules or institutions thereof, and

 to elucidate the factors on the basis of which these


similarities and differences can be explained.
Comparative Law denotes
 A method of study and research and not a distinct branch or
department of law

- If by law we mean a body of rules, it is obvious that there can


be no such thing as comparative law,

- The process of comparing rules of law taken from different


systems does not result in the formulation of any independent
rules for the regulation of human relationships or transact.

By use of this method it becomes possible to make observations and


to gain insight which would be denied to one who limits his study to
law of single country.

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