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Title: The Role of Comparative Legal Research in the Development of Law
Authors: Aishat Abdul-Qadir Zubair
DOI:
Aff: Postgraduate Researcher, International Islamic University Malaysia, Ahmad Ibrahim Kulliyyah of Laws, 53100 Selangor. Malaysia.
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Keywords: Comparative Legal Research; Development of Law; Law Reform; Commercial Law
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Abstract:Background: Comparative legal research is a field of law that has been abandoned over the decades for its lack of popularity as a concept due to the many controversies and criticisms surrounding it. It is a field of study that is only recently gaining footing in the legal profession with its recent resurgence and awakening of legal scholars and student to the fact that it may have some importance after all. Objective: This article therefore aims to show how comparative legal research has influenced the development of law from time immemorial to the present time and see how it will continue to do so in the future despite the pitiable situation it is in presently. It is also the aim of this article to show the efforts made by comparatists in making sure that laws are in conformity with the advancement in development around the globe by its main function of law reform especially in this era of globalization. The article, while concentrating on the impact comparative legal research has had on the development of law with special reference to law reforms in some modern nations, also analysis the manners in which comparative legal research has been used to solve some international dispute on commercial law when they arise. Results: The result of this research shows amongst others: that one of the aims of comparative legal research is to find solutions to a specific problem in a legal system by comparing with other legal systems having a similar problem or condition; that the methods used in comparative legal research are not original to the discipline and there is no one single method generally accepted by all comparatists; and that the concept of comparative legal research helps the law makers in solving quite a number of problems faced in the process of law making.. Conclusion: The article concludes that legislation and law reform are the main purpose of comparative legal research>