Comparative Law ( Global Legal Realism as common sense) Essay

Comparative Law ( Global Legal Realism as common sense) - Essay Example eign case studies are generally cited in the local legal discourses within the United Kingdom and Nigeria, despite the existence of home-grown moral realism foundations reflecting the richness of the history of each country. The import of international bodies of law and provisions in both countries is normally regulated by realist and positivist influences. This paper will examine comparative legal culture, the role of realism and positivism in Nigerian and English legal systems. Watt (2006) argued that if comparative researches on law were basically aimed at upholding their consistency in teaching the effect of global developments on the already available local cultures; how they interweave and merge; and their persistence, then the focus of interacting systems should be modified in order to guarantee a higher level of consistency. The researcher seeks to assess the manner in which international comparative law as a faculty is impacted by the influences of globalization, especially the problems which such alterations portend for the procedural interests in comparative legal research and its philosophical commitments in realist and positivism. According to Watt (2006), the English legal culture is more dynamic and thus positivist as compared to the Nigerian realism. As such, the English culture’s predilection of acquiescing to trans-national or international frameworks of uniform law within the EU and intercontinental Treaties is based on empirical pr oofs that being more liberal and having in place similar laws would deliver equally acceptable laws. While Nigerian system is more realist and largely driven by religion and traditionalism, the English system is backed by authoritative knowledge obtained from scholarship, impacts of globalization and to a small extent, indigenous legal cultures. Nigerian positivist legal cultural influences are largely similar to those of the United Kingdom, most probably because the latter colonized the former and made a