Lost in translation: The need for the judicious use of comparative law

Authors Judge AG Binns-Ward

ISSN: 2521-2575
Affiliations: None
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 3 Issue 2, 2017, p. 1 – 14


Comparative application of law, for its own sake, does not help much in the quest for legal development. Legal scholars and jurists should guard against importing concepts of law merely because they sound interesting or worthy of acceptance. The quickest way to lose credibility in the application of the law is by importing legal concepts that have no relevance to the context within which they are applied. This article cautions against liberal and unrestrained use of comparative law and argues for the need for its judicious use.