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Course

Global Legal Systems - JURD7368

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (LAWS2311/JURD7211).

Equivalent: LAWS3068

Excluded: LAWS3068

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course will focus principally on the study of the relationships between two different legal traditions - the Civil Law and the Common Law. Together these legal traditions provide the foundation of most of the world’s national legal systems. As an initial matter, the class will examine the essential characteristics of the Civil Law and the Common Law, focusing on each tradition’s history, legal structures, legal actors, procedures, and sources of law. As part of the general examination of these traditions, the class will examine particular systems within those traditions, including the American, English, Scottish, French, and German legal systems. The class may, time permitting, also consider non-Western Legal traditions such as Islamic and Hindu Law.


Recommended Prior Knowledge

None

Course Objectives

  1. Demonstrate familiarity with the world's primary legal systems - the Continental/Civil and Common Law systems
  2. Appreciate the differences present in legal systems and how lawyers and legislators may learn from foreign legal systems
  3. Engage in debate about contemporary legal issues in Australia as informed by knowledge of how other legal systems operate

Main Topics

  • Legal Traditions – The Western Legal Tradition
  • History of the Civil Law Tradition
  • History of the Common Law Tradition
  • Comparative Constitutional Law
  • Comparative Judicial Review
  • Comparative Judicial Review in Action – Abortion Regulation
  • Judicial Structure in Comparative Perspective
  • Legal Education in Comparative Perspective
  • The Legal Profession in Comparative Perspective
  • Civil, Criminal and Appellate Procedure in Comparative Perspective
  • Sources & Fields of Law in Comparative Perspective
  • Mixed Jurisdictions: A Comparative Law Laboratory

Assessment

The final grade for the course for every student will be based upon a research essay for 80% (which includes 5% each for a bibliography and outline) . Class participation will be maximisable and count, if it does count, for 10% of the assessment. There will also be a short in-class test for 10%. 80% attendance is compulsory.

Course Texts

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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