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 Themes in Asian and Comparative Law - LAWS4120
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
   
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.167 (more info)
 
 
Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

Asia is of increasing relevance to both practising lawyers and policymakers. With Australasian law firms expanding their network of offices into Asian countries and government departments increasingly linking up with their Asian counterparts, there is growing demand for 'Asia-literate' lawyers. This course provides students with the suite of skills necessary to successfully navigate Asian laws and legal institutions. The course reminds students of the dangers of uncritically projecting their own values and assumptions about law onto Asia. Thus, the first part of the course explores a wide range of theoretical concepts - legal orientalism, comparative legal historiography, parallelism, law and culture, legal development and capitalism, Asian legal theories, transplantability of law and interdisciplinarity in Asian law - to equip students with a new framework for interpreting and engaging with Asian law. The second part of the course invites student to apply these concepts to a contemporary issue in Asian law -either a commercial law or human rights issue, depending on student interest - to enable students to exercise these new skills in context. By the end of the course, students will be able to question whether or not traditional comparative law method is suitable for analysing Asian law and devise their own framework for solving Asia-related practice and policy problems.

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