Teacher(s)
Language
English
Prerequisites
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Main themes
1. General Part: a general survey of some major legal traditions of the world (chtonic law, religious laws: Hindu, Jewish, Islamic traditions, Western legal systems etc.).
2. Special Part: detailed studies of specific institutions of the Anglo-American legal system - these may vary from one year to another. This part of the course is taught following a case-method
Content
Contents:
The course will outline the issues and questions raised by the notion of comparison and comparative law. We will discuss some of the main theories relating to comparative law that have been argued by important scholars. This includes a look at how comparative law is practiced from the nineteenth century until today. We will also study some of the main features of some Western and non-Western legal traditions, including, if possible, practical issues raised by the application of a non-Western legal norm in a Western forum.
Legal issues, in the lecturer's approach, should always be understood in the light of the underlying conflicts of interests. Conflicts of interests, in turn, allow a more insightful comparative approach, as they are not (entirely) defined by the conceptual framework of a national legal system.
The course will outline the issues and questions raised by the notion of comparison and comparative law. We will discuss some of the main theories relating to comparative law that have been argued by important scholars. This includes a look at how comparative law is practiced from the nineteenth century until today. We will also study some of the main features of some Western and non-Western legal traditions, including, if possible, practical issues raised by the application of a non-Western legal norm in a Western forum.
Legal issues, in the lecturer's approach, should always be understood in the light of the underlying conflicts of interests. Conflicts of interests, in turn, allow a more insightful comparative approach, as they are not (entirely) defined by the conceptual framework of a national legal system.
Teaching methods
In this course we will ask some basic questions about what it is we do when we engage in comparative law. We will study the theories held by major comparative law scholars by reading their texts and the issues they raise. To that extent it is essential for students to read the preliminary material provided by the lecturer on Moodle before each class.
Guest lecturers, specialised in non-Western legal systems or in particular Comparative Law issues will be invited to share their extensive knowledge.
All classes, discussions and examinations will be entirely in English. Documents written in a different language may occasionally be referred to. A reading knowledge of French will in any event be a prerequisite.
Guest lecturers, specialised in non-Western legal systems or in particular Comparative Law issues will be invited to share their extensive knowledge.
All classes, discussions and examinations will be entirely in English. Documents written in a different language may occasionally be referred to. A reading knowledge of French will in any event be a prerequisite.
Evaluation methods
The examination will be written and last for two hours. All answers must be written in English. The examination will consist of two parts. In a first part, students will be required to answer specific questions with true or false and provide a short justification. In the second part, students will be asked to write two essays answering more general and theoretical questions on comparative law.
As the questions will be in English, answers will also be expected to be given in English. The student's command of (legal) English may be taken into account in the overall assessment of the grade for this particular examination.
As the questions will be in English, answers will also be expected to be given in English. The student's command of (legal) English may be taken into account in the overall assessment of the grade for this particular examination.
Other information
The course material may vary from year to year. If a particular textbook or other publication is compulsory material which needs to be bought, the lecturer will endeavour to provide the references at the beginning of term. Most materials, however, will be posted on Moodle. or available on the internet.
Online resources
Podcasts, video-clips, documents (both legal and non-legal), lecture notes etc. will be regularly posted on Moodle as the course progresses during term. Some materials to be read and used beforehand for the discussion will be provided on Moodle.
Bibliography
Reading material (both compulsory and recommended reading) will be posted on Moodle, partly before the beginning of term.
Faculty or entity
