Course Catalogue

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This is a course that focuses on Comparative Law as an academic discipline in itself and aims to familiarise students with key scholarly developments in this area, as well as providing a robust background in the methodological approaches to comparison (as well as the main criticisms to these). This discipline is of interest not only from an academic perspective, but also because legal practitioners are increasingly required to navigate issues that transcend national boundaries and often need to engage with foreign law. This course covers a general introduction to essential concepts of Comparative law, the historical emergence of the discipline, as well as a detailed study of the methodological trends, and emerging debates in the field, as Postcolonial Comparative law. As such, this course provides a wider range of perspectives beyond the traditional Anglo- and Euro-centric approach to the area.

Wednesdays 9-11am. Ten 2-hour seminars, for 10 weeks.

This course is only available to LLB students.

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The first assessment will be both formative and summative and consist in a 1,000-word essay (20%). The second summative will be a 4,000-word essay (80%).

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

This course aims to provide students with a foundational understanding of Comparative law as a discipline, but it also seeks to equip students with critical thinking and analytical skills that are essential for navigating the increasingly interconnected legal world. It provides a methodological background that can be then used in a diversity of contexts, both academic and professional, and applied to tackle different legal problems from a comparative perspective.

Upon successful completion of this course, students will be able to:

1. Understand the foundational topics of Comparative law: describe the key characteristics, principles, and sources of major legal systems, and explain the historical development of various legal traditions.

2. Analyse legal systems comparatively: students will be able to conduct basic comparative analyses of different legal systems, focusing on similarities and differences in legal norms and institutions. 

3. Critically assess legal transplants and classifications (families/cultures/traditions): students will be able to analyse the process and effectiveness of legal reforms and the transmission of legal ideas across different legal systems. They will be able to critically discuss traditional classifications of legal systems based on key concepts such as legal families, legal traditions, and legal cultures.

4. Apply comparative methodology to contemporary legal issues: students will be able to use comparative legal methodology to examine contemporary legal issues and challenges and have a solid foundation on the main methodological trends and their criticisms.

5. Foster cross-cultural legal understanding: students will be able to demonstrate an enhanced sensitivity to cultural differences in legal practices and engage in debates about legal pluralism and the role of law in diverse societies.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.