Comparative Law As A Critical Tool For Legal Research In Arab Countries: A Comparative Study on Contractual Balance

Abstract

Montesquieu frequently used analogies from antiquity, the English political system, or the Chinese legal system in his classic work 'De l'esprit des lois'. To conduct and convey legal research more effectively, it is not sufficient to analyze a single system. Through real-world experiences, exposure to the legal environment enables the development of a particular cultural and sociological philosophy of the rule of law. We believe that comparative law is a challenging discipline to situate. It takes a social science and a legal perspective. According to Édouard Lambert, comparative law has two conceptions: one in which it is viewed as a social science, and another in which it is viewed as a higher kind of legal art. To distinguish between these two ideas, he asserts that the first "social" approach places a premium on comparative history, whilst the second "legal" approach focuses on comparative legislation, specifically on the legal systems of distinct peoples.