The aim of this course is to introduce students to the field of comparative law.  The course will be divided into two parts.  Part 1 will consist of an introduction to comparative law covering topics such as:

• theory and history of comparative law
• the Continental civil law and common law approaches to comparative law
• the role and significance of Roman law and civil law
• the common law families
• 19th century codification movements in both civil law and common law systems
• the emergence of hybrid systems of law melding civil law and common law traditions, such as the EU law and Japanese law, and systems which incorporate religious law (Shariah)
• the actual and perceived differences between adversarial and inquisitorial systems of law.

Part 2 will focus on three comparative case studies from a range of fields. The topics here are indicative as the case studies offered each year would depend on the profile of the staff involved:

• Comparative Criminal Law - comparative counterterrorism law; use of force; scope of self defence and necessity; codification projects
• Comparative Contract Law - division between contract, tort and equity; the role of good faith and unfairness doctrines; comparison of causa and consideration in French and German law codified systems
• Comparative Public and Constitutional Law - different traditions of public law; bills of rights; judicial review
• Comparative Environmental Law - the evolution of environmental law in different legal traditions, role of standing and class actions; the German contribution to the precautionary principle.

Consistent with student-centred learning, the course is directed towards achieving the following objectives.  By the end of the course, students should have a detailed knowledge of the topics covered in this subject and be able to appreciate the development of these areas of law.  Students should also be able to think critically about the topics covered in the course.

Students  who successfully complete this course will be able to demonstrate:

• an understanding of the role and significance of comparative law as a discipline
• an understanding of the principal legal traditions, both Western and non-Western
• an appreciation of the influence of comparative law on the development of the common law
• an awareness of the growing trends toward ‘hybrid' systems of law
• an ability to undertake research in specific areas (such as criminal law, tort law and public law) applying comparative law methodologies.

The assessment for this course will involve two research essays, one relating to Part 1 and one relating to Part 2 of the course.   More information about the means of assessment and the relationship of the assessment to the learning outcomes of the course will be available on the course home page the week before the beginning of the course.