oa Comparative and International Law Journal of Southern Africa - Comparative common law: a justification

Volume 14, Issue 3
  • ISSN : 0010-4051



The purpose of this article is to provide a justification for the value of comparative common law and to demonstrate instances of the utility of its practical application. In the case of comparative common law, most of the legal systems where comparative studies can be appropriately made have the same historical roots in the law of England. At the same time, despite common historical origins, solutions to common problems, even in geographically adjacent jurisdictions, are frequently very different. Furthermore, it is submitted that there are positive merits, from the points of view of the academic, the legislator and the law reform agency, in the study of comparative common law.

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