Scope of Comparative Law

The guiding factor for the comparatist in his investigations should not
be a ‘what’ but a ‘why’. He should concern himself with the why of
the existence of divergencies of jurisprudence and the reason for it.

Comparative Legal Studies

macro-level micro-level
comparison comparison

the analysis of a specific legal

comparison of two or more
issue and how it is treated in
legal systems as a whole
two or more legal systems
Thus, if you compare the entire German and the US legal system, you do a
macro-level comparison. If, on the other hand, you are interested in a
juxtaposition of the way’s contracts are made in the United States and
Germany respectively, you would compare the two laws on a micro-level.
The macro-micro-level distinction, however, is only a cursory one. On
the substantive side, the following five main groups of comparative
legal studies have been distinguished:
1. comparing one or more foreign legal system(s) with the domestic
system;
2. analyzing the solutions different legal systems offer for a legal
problem;
3. investigating the causal relationship between legal systems;
4. contrasting the different stages of various legal systems; and
5. examining the general legal evolution.
 Legal Comparison

Bilateral Multilateral
between two legal between more
systems than two systems.

may address the substantive law or formal

characteristics of the legal systems under
consideration
Comparison within a single state is referred to as internal
comparison, in contradistinction to external comparison, i.e.
comparison of laws belonging to different national or international
legal orders.

Mixed legal systems provide interesting materials for internal

comparison within a unitary state. Such a comparison is useful for
explaining the significance and possible interrelation of the various
legal sub-systems, local or personal, within a unitary national legal
system.

International level – Comparative study as to how the foreign

affairs is structured and operates in different states.

National Level – study indicating what powers are granted to what

officials, over whom, with respect to what values and subject to
what conditions or limitations.