CCLA 2012
Comparative law not only offers the opportunity of becoming acquainted with other countries’ legal systems. The process of comparison and contrast also highlights the differences between the systems, opening up new perspectives on one’s own legal system. The act of comparison automatically entails explaining, critically reviewing and possibly justifying one’s own legal system, all of which facilitates a better understanding.
These are only a few of the reasons why comparative law and comparative constitutional law may be of interest to jurists. Comparative law frequently focusses on other European states or the USA, i.e. on “western” legal systems. By contrast, the German-Indian seminar offers the rare opportunity of gaining deep insights into the law and constitution of a completely different culture. Analysing the legal system of the largest democracy of the world, characterized by a powerful Court of Justice and well-established fundamental rights, can be an exceptionally fascinating and instructive experience.
The seminar begins with an introduction to the basic methods of comparative law, in order to acquire the necessary working knowledge. This knowledge is then applied to the concrete comparison of German and Indian law, during the course of which we shall devote ourselves to the substantial Indian legal literature, whose particularly critical reflections on law and comparative law are coloured by their own post-colonial perspective.
A blog with impressions form German and Indian students can be found here.