Glossary

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Global Legal Systems in Comparative Perspective - LAWS8118

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: 2

Enrolment Requirements:

Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231

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 on a comparative study of the world's major legal traditions, within the Western and Non-Western Legal traditions. The greatest focus will be on a comparative examination of the world's two primary 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 will then engage in a shorter comparative examination of the non-Western Legal traditions, which may include the Socialist, Confucian, Islamic, Jewish and Hindu Law systems.

Recommended Prior Knowledge

None

Course Aims

Knowledge and understanding of the world's primary legal systems;
Knowledge and understanding of the role of the different legal actors in the world's legal systems, including that of lawyers, judges, law students, professors and government attorneys;
Awareness of ethical and legal issues surrounding lawyers' interactions with foreign legal systems.

Learning Outcomes

A candidate who has successfully completed this course should be able to:

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

Main Topics