Page 13 - Manual on Teaching Methods of Law 2023

deconstructing the existing ones and or more legal systems or the comparison of
analysing them in the context of the the legal system of one nation with that of
prevailing political and social order. This another. It focuses on the idea that in order to
method can be used in a law school‟s imbibe the idea to “think like a lawyer”; the
mission statement as “critical thinking” learners must be taught foreign law and not
where students are encouraged to develop only concentrate on detailed rules but instead
their thinking on this pattern. Classroom on general principles. Comparative law is a
discussions can be monitored as to whether quest for the exotic, the different, the other.
discourses are leading students‟ ability to It examines the dimensions and forms of law
think beyond the way things are to the way and culture outside the normal ken of one‟s
things might be and to imagine the different visage in the hope that one can gain new and
forms civilized society might take. different perspectives on law, culture, and
patterns of order. Equally important,
Delivering that method is not easy as the comparative law ultimately focuses back on
teacher must think beyond boundaries and local culture: it asks, by comparison, is our
show how a law has evolved and draw a culture better or worse; in what way; and if
critical analysis rather than just describe its so, what is to be done?
features. This method enables learners to
think beyond the black-letter rules and The propagators of the comparative method
regulations of the law and allows them to of law teaching demand it to be made an
deconstruct and analyse them in order to independent and scientific discipline. In
understand the way in which they have been order to do this, the teacher as well as the
constructed. It encourages an out-of-the-box learner needs to first acquire the skills of a
thinking process. comparativist such as immersing into the
culture under review, and traditional
COMPARATIVE METHOD knowledge in order to evaluate law clearly,

The Comparative method of law teaching objectively, and neutrally. Topics such as
primarily deals with the comparison of two obscenity and adultery can be studied by the

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