Comparative Law and Globalization.

Comparative law is now subject to the wave of globalisation. Lawyers around the world had predicted that the internationalization or globalisation would eventually lead to an integration of the law or unification of the legal system to a certain extent. The advent of globalisation has necessitated the governments of all countries to be more aware of the diverse set of laws existent throughout the world. Eugène Lerminier1, the chairman of comparative legislature believed that it was inevitable that more states would eventually emerge. We are not very far from the vision of Eugène Lerminier. Comparative law’s evolution can be traced back to the early nineteen hundreds. William Twining notes2, ‘As the discipline of law is becoming more cosmopolitan in response to the processes loosely labeled ‘globalisation’, so comparative law as a sub-discipline has been moving from a relatively marginal role, dealing with foreign relations, to a much more central role at the hub of the subject. …’3 In 1900, Raymond Saleilles 4proposed a common law5 of civilised humanity in France. Subsequently in 1910, a fusion of the Western law and the Chinese law was proposed by the jurist Shen Jiaben6. My legal education has inculcated that legal systems are basically an integral part of social, economic and political development. No social change or change in morals and values takes place without some type of change in the Western academic legal culture. My legal education and my better understanding of legal culture have helped me in understanding the state orientated, secular positivists, top drawn North centric, unempirical and Universalist morals Western academic legal culture tends to follow. Most importantly, it is the Western style legal education that I’ve received, which helps me better relate to the morals of the Western academic legal culture.

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