Applied Comparative Law: Researching Foreign Law in an Imperfect World

Abstract

I admit that I am an addict, a compulsive user of libraries and especially law libraries. As a comparative lawyer I need to investigate foreign law, which for me is the law of jurisdictions outside the United States. Since I believe the social and cultural context in which law operates is important to its understanding, I must leave the relative comfort of United States libraries and venture abroad to learn about the features of legal systems not adequately described in books. Beyond common law countries, as the IALL 20th Annual Course illustrates, the language of law is something other than English: yet another hill to climb to understand foreign law. For most of you, United States law is foreign law, which is the other side of the same issue. In addition, public international law lawyers could benefit from the comparative approach. This is particularly true for those from the Anglo-American world who rely almost exclusively on English language materials in their research. This narrow perspective undercuts the fundamental premise of universality behind a truly international legal system.