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With reference to the works of two or more comparative lawyers and other sources, critically discuss the proposition that the comparative method drives integration rather than separation among legal systems:

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  • Essay length: 2644 words
  • Submitted: 30/04/2012
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University Degree European Union Law

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Q With reference to the works of two or more comparative lawyers and other sources, critically discuss the proposition that the comparative method drives integration rather than separation among legal systems:

Introduction

We are living in a globalised world which has seen a massive rise of wealth in countries such China, India and Brazil. Africa has been the fastest growing economy in the world for the past few years. This has been achieved mainly through increased international trade between countries from every continent in the world. We also live in a world where there is a belief that every human being has certain fundamental rights and is enshrined in numerous trans-national treaties. In this essay I will attempt to demonstrate that the comparative method of looking and dealing with law, does in fact encourage integration of legal systems. This convergence of legal systems stems from integration of the world as whole. This facilitates international transactions, increases the general welfare, promotes the diffusion of culture1, and leads to international understanding.

From the economic point of view, uniformity and simplicity may reduce the

transaction costs and significantly avoid uncertainties connected with the use of

conflict

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