Critical Appraisal on Comparative Legal Research in Development of Laws

Abstract

A critical appraisal is presented in this paper concerning to comparative legal research in the development of laws within the legal system of a particular country. The emphasis is given on the essential roles of comparative legal research from different aspects of legal branches which co-related to one another. This is closely connected with acceptance of Comparative Law as a legal subject. The analysis is done by viewing the importance of comparative legal research from five (5) main different legal angles of those who involved directly or indirectly with the development of the legal system itself. Such different perspectives are listed as: (i) legal education, (ii) legal scholarship, (iii) legal practice, (iv) practice of the judiciary, and (v) practice of the legislature. Several examples of practices in relation to comparative legal research are taken into account for references, such as from Malaysia, Japan and European countries.