COMPARATIVE LAW IS IN FULL FLOURISH: BERNHARD GROSSFELD
The discipline of comparative law is widely neglected in tertiary institutions within the Caribbean. This problem is of particular concern given that the membership of CARICOM includes both civil law and common law jurisdictions. Thus the Caribbean Court of Justice must contend with the existence of the civil law system in Suriname and Haiti. More than once the Court has emphasised that in developing Community Law it may apply principles and legal concepts common to both legal traditions in CARICOM. This requires lawyers and judges from both sides of the legal equation to acquaint themselves with “the other” and go beyond their professional comfort zone.
The study of comparative law would moreover prove a useful endeavour not only from the standpoint of legal education but also in relation to deepening the sense of oneness and Caribbean identity; a nascent virtue which seem under constant threat from insular and nationalistic utterances.
CALCA proposes to begin a dialogue on comparative law by way of a special lecture and seminars in 2016.