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LAW3465 Comparative Law

Semester 1, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

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

Overview

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.

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.

Course learning outcomes

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

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

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%)
ESSAY 1 35
ESSAY 2 35
COURSE ENGAGEMENT 30
Date printed 10 February 2023