The Importance of the Analysis of Comparative Law

Who praises you in your presence you confidence in your absence. Tuscany proverb for those studying law and even to the graduates, it is very important topic in the update and the progress that our law plays relative to other advanced countries. Without being an expert on the subject, we merely point out some aspects that are significant in the ongoing review to be performed on this field in order to retrain the existing law that governs us. Add to this the concerns raised by some law students at our university, they believe that some chairs were anchored with the passage of time, due to the lack of teachers fully identified with the role that such task demands, such as that of update their knowledge and not repeating what other generations have contributed. In other words, in law, the new generation is forged without this fundamental preparation and basic responsibility, such as university education. What makes you think and worry the students responsible for this faculty, the graduate today is not so solid knowledge acquired, but by other irregularities that concern, especially to a country with the new government has a revolutionary process started with a tendency to socialism torn apart many of the policies, legislation that has been operating for years.

Take into account as quoted by Dr. Zweigert, University of Hamburg, on the European continent, if a unit has been sobrenacional in law and jurisprudence, while Roman law as a right that rests on a platform world, ie a global basis, was the ultimate source of all rights. This corresponded to a second unit in the area own forms English Common Law of England and the U.S., unlike European unity of law, because American law escaped largely the influence of Roman law . Of course, this unity of the science of law in the Anglo-American world has remained essentially until the present. However, the unit in the European continent, was crumbling change from the eighteenth century, because as experts say, when he began the codification of the law in force until that time, which was anchored in code, but essentially emanated Roman sources, ie such demoralized arises with the emergence of large national codes such as: The Prussian common law, French civil code de1804, the German civil 1908/12, the encodings of Switzerland, the Italian civil and more.

Precisely, the first results of these codes was that the lawyers were happy to forward the interpretation of these rules of national law. Not seeing beyond the boundaries of their nation, causing thus the science of law and its horizon is reduced to national districts losing a wide field. This naturally has an impact, as we have also stalled and hurt because we have not only transcribed codes of other countries, but we are asleep and do not consider that Latin America has its own customs different from those of Europe, which is where have based our codes. Consider that in his Pensées. Pascal asked: on what basis built man who wants to dominate the world? What about the whim of the individual? What confusion! What about the law? I do not know. Of course, if I knew he would never have made this principle which is the most common principles known to man, that every one should live according to the custom of his country. The splendor of true justice had triumphed over all peoples, and lawmakers have been chosen as ideal phantasmagoria and the vagaries of the Persians and Germans instead of this unchanging law, would have found the protection of the right of all nations and at all times, but now, is neither right nor injury, will not change its character with the climate.

Three degrees of latitude to the pole switch to the whole science of law, a degree of longitude decide on the truth; ridiculous justice finds its limit in a river!; Truth on this side of the Pyrenees, error on the other side! Unfortunately, as Zweigert said, this still remains valid in a number of national legal systems, completely isolated, and a number of sciences national law to apply and interpret the true national blinders. He has forgotten that the world has shrunk, changed largely by the automation of traffic. For our case, it must be remembered that in the science of law, our lawyers must make effective use of the comparison method, to create a genuine science of Venezuelan law and is consistent with rules and laws a truly international legal platform which this science of comparative law, to search, find solutions to the legal representative of the world, ie, comparing and applying scientific methods to find the best or optimal solution. Of course, this method is more painful than the national dogmatic as they demand more knowledge of languages, countries, more culture, and especially some that are very strange.

Of course, the benefit is greater, because the major legal systems of the world, in the course of its long history, have found more differentiated solutions, that can create the most ingenious national jurist in his short life. Hence, our universities and especially their law schools to undergraduate and graduate level, research should be instilled in their exclusive eradication teachers and full-time, with respect to comparative law, because it is the improvement of law in general. Venezuela through its history and little input from some leading jurists, unfortunately not really using this field, on the one hand, we observe a national introversion research in the science of law sometimes culminating in a non- dogmatic subtleties fruitful, because it takes advantage was not the huge amount of case material and arguments that offers insight into the developments of foreign jurisdictions. On the other hand, the rankings of law take different paths isolated only in exceptional cases.