Comparative Law Essay Example | Topics and Well Written Essays - 2500 words

Comparative Law - Essay Example Some scholars have furthered the realism and common sense approach to comparative law by arguing that laws can be effectively studied separately from the surrounding concerns and environment. Such formalized and deconceptualized approaches are evident from the fact that law comparists and comparative law scholars have hardly been engaging the other academic disciplines which in one way or the other influence the application and the understanding of law in different contexts (Balakrishnan, 2003). The aim of this treatise is to explore and examine how western approaches like realism and the common sense approach to various business values and ethics have influenced legal studies in comparative law. The paper will look into how attention has shifted in the preoccupation of comparative law and the written law codes to a social and culture based approach of understanding the legal matters. Pluralism is a phenomena whose impact is clearly evident in the field and application of competitive law. Antoine (2000) defines legal pluralism to be a theory that is used by social scientists whose basic idea is that several legal systems can coexist and intermingle in a single legal entity. The historical origin of this influence can be traced back to the middle ages, which faced the problems of the conflicts between the church laws and the sate laws. Anleu (2005) notes that a second historical evidence can be found in the imposition of various western laws in the indigenous laws of the countries that were ruled and influenced by western powers. In the more recent context, the phenomena has been seen as a result of globalization leading to the emergence of the global legal pluralism. The effect of legal pluralism in cooperative law has been witnessed in the legal families and the definition of legal systems. Authors and scholars who subscribed to legal pluralism define law in a very broad context. Their definition encompasses