Course specification for LAW3465

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LAW3465 Comparative Law

Semester 1, 2020 Online
Short Description: Comparative Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded

Staffing

Examiner:

Requisites

Pre-requisite: HIS1115 or HIS5115 or LAW1114 or LAW1202 or LAW5114 or LAW5502

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

Large law firms are practising law in a competitive global environment. ‘Global lawyers’ must have a sound understanding of a variety of legal traditions and legal systems beyond Australia. The course is designed to enhance student ability to evaluate - with confidence - complex legal issues and to provide solutions based on a wide range of perspectives and different approaches to law.

Synopsis

Students who usefully complete the course will have a distinctive advantage in the global market of legal practitioners. Comparative law increases the knowledge, in theory and in practice, of a spectrum of legal systems such as US common law and the south Asian legal traditions. As such, the emphasis of the course is on understanding `why and how' different legal traditions execute the same basic functions required from a legal system such as regulating a market economy, solving international disputes, and protecting rights. In addition, comparative law broadens students understanding the choices made in their own legal system.

Objectives

On successful completion of this course students should be able to demonstrate:

  1. the ability to describe accurately a range of legal traditions in a comparative contexts that includes the social and historical development of legal narratives;
  2. the ability to evaluate the strengths and weaknesses of a legal tradition;
  3. the ability to present clear and rational arguments in support of a comparative analysis, (that includes:
    1. identify and articulate comparative explanations and /or critiques of a legal tradition
    2. apply a comparative reasoning to generate appropriate legal analysis
    3. think creatively in approaching comparative analysis issues and generating appropriate responses, including the ability to explore new legal ways to address contemporary socio-economic problems);
  4. the skills necessary for doing research in comparative law;
  5. self-management by learning and working independently (that includes demonstrating management, self-directed engagement and initiative in the study of comparative law).

Topics

Description Weighting(%)
1.
  1. Introduction to comparative law
  2. Comparative methods and resources
16.00
2.
  1. Customary law
  2. Jewish legal system
16.00
3.
  1. European civil law
  2. Islamic legal systems
16.00
4.
  1. Common law
  2. Hindu law
16.00
5.
  1. Legal systems in East Asia
  2. European Union law
18.00
6.
  1. European Union institutions and governance
  2. Convergence of legal systems
18.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2020&sem=01&subject1=LAW3465)

Please for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Glenn, HP 2015, Legal traditions of the world: sustainable diversity in law, 5th edn, Oxford ¾«¶«´«Ã½app Press, New York.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

Student workload expectations

Activity Hours
Assessments 70.00
Directed ¾«¶«´«Ã½app 36.00
Private ¾«¶«´«Ã½app 54.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ESSAY 1 35 35 01 Apr 2020
ESSAY 2 35 35 27 May 2020
COURSE ENGAGEMENT 30 30 01 Jun 2020

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the assessment items in the course.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. ¾«¶«´«Ã½app Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the AGLC in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .

Date printed 19 June 2020