The process of comparison


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According to W. J Kamba, the three main operations or stages involved in comparative law are -

1)  Descriptive phase, which may take the form of description of the norms, concepts and Institutions of the systems, concerned, or may consist in the examination of socio-economic problems and legal solutions provided by the system in question

2) The identification phase which concerns with the identification of discriminant of a difference and similarities between the systems under comparative consideration;and

3)The explanatory phase  under which the divergences and resemblances are accounted for.

A comparisons general attitude to law and his "jurisprudential Outlook will have a strong influence on the direction and intensity of his interest in comparative law." A rule of law is not to be treated as an attraction, but has to be "regarded Against a background of its history and of the environment in which it is called upon to function." Law has its social content- it is affected by the socio-cultural conditions surrounding it . Even socio-economic have significant  relation with the development of law. Comparison in order to be real and complete must not only be of the textual or formal rules of law, statutes, decided cases, codes ,etc., but should be based on socio-economic content. 'The barren dissection of verbal texts' should not be divorced from segments of socio-economic-cultural environments in which the law operates.


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