Book Review by Richard J. Cummins
If anyone's faith in the value or interest of comparative legal studies needs to be restored, this book will do it. A compilation of articles chosen by Professor David from the many published during his long career, it illustrates the vast range of his interests as well as his competence in virtually every part of the field. More than that, it reminds us that comparative law is much more than a practical tool for bridging the gaps between legal systems or an exploration, however fascinating, of bizarre and exotic material; comparative law sustains important principles, broadening and enriching our idea of law.
Professor David's statement of these principles, admirably set forth in his short preface, is highly personal, the fruit of a long teaching and writing career, a confession of faith in the importance of his life's work. Comparative law, in his view, shows that law is more than a purely national phenomenon, and since judges and lawyers play a role in its creation, law (droit) is broader than legislation (loi). A splendid short article in the collection, Original Characteristics of English and American Legal Thought, confirms the truth of the first of these points and illustrates the complexity of the second. A system like the French or continental one, in which the principal effort of scholars and judges has been directed to the accurate statement of substantive rules set in a coherent theoretical framework, can thus learn from a system like the English one nourished by its belief in the primary importance of developing methods which put the case to a sovereign judge in a procedural context best adapted to making a just decision. Comparative work needs to be sustained by a continuing effort to develop these studies, to provide them with an appropriate methodology and useful working tools. Professor David's immense contribution will surely be a continuing source of inspiration for others who work in the field.
About the Author
Richard J. Cummins. General Counsel, Mobil Oil Francaise.
Citation
58 Tul. L. Rev. 1277 (1984)