The aim of this course is to introduce students to the field of comparative law.  The course will be presented using introductory topics on the theory and history of comparative law combined with a range of case studies and substantive topics of comparative law.  Guest lecturers will give presentations on their use of comparative law and legal studies in their own research and work.

Introductory topics will include:

• 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
• 19 century codification movements in both civil law and common law systems
• the emergency 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)

Case studies and substantive topics presented will include:

• Comparative Criminal Law - comparative counterterrorism law; use of force; scope of self defence and necessity; codification projects
• Comparative Contract Law - the use of comparative law in the development of a European Contract Law and in the development of an international sales law
• Comparative Public and Constitutional Law - different traditions of public law; bills of rights; judicial review
• Shariah Law
• Comparative Law and Legal Cultures

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.  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.

This course will be taught intensively over 3 weeks in January in the Summer Session.  The contact hours for this course will be the equivalent of 3 hours each week.

LAWS2250 International Law.
Completed or completing five LAWS courses at 1000 level.

Please refer to the course home page.

The preliminary reading required for this course will be available from the course home page at least 1 week prior to the commencement of the course.