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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, 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. ==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. Montesquieu is generally regarded as an early founding figure of comparative law. His comparative approach is obvious in the following excerpt from Chapter III of Book I of his masterpiece, ''De l'esprit des lois'' (1748; first translated by Thomas Nugent, 1750): Also, in Chapter XI (entitled 'How to compare two different Systems of Laws') of Book XXIX, discussing the French and English systems for punishment of false witnesses, he advises that "to determine which of those systems is most agreeable to reason, we must take them each as a whole and compare them in their entirety." Yet another place where Montesquieu's comparative approach is evident is the following, from Chapter XIII of Book XXIX: The modern founding figure of comparative and anthropological jurisprudence was Sir Henry Maine, a British jurist and legal historian. In his 1861 work ''Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas'', he set out his views on the development of legal institutions in primitive societies and engaged in a comparative discussion of Eastern and Western legal traditions. This work placed comparative law in its historical context and was widely read and influential. The first university course on the subject was established at the University of Oxford in 1869, with Maine taking up the position of professor. 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Comparative law」の詳細全文を読む スポンサード リンク
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