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 Comparative Law - LAWS2085
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
   
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.167 (more info)
 
 
Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001, LAWS1011; or LAWS1610; Corequisite: LAWS2311 or LAWS1010.
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

This course will introduce students to some of the major legal systems of the world. Comparative law has an important function in enhancing an understanding of our own system and in raising awareness of alternative solutions to legal issues. Increasingly, comparative law is used for law reform purposes and by judges in their decision-making process. By the end of this course students should be able to apply comparative methodology for law reform purposes, compare legal institutions and substantive laws of foreign legal systems in a meaningful way with similar institutions and laws in the Australian legal system, critically assess the possibilities and limitations in transplanting law from one country to another, and explain and discuss the impact of cultural, political and economic factors on law. Topics include functions and aims of comparative law, comparative methodology, the theory of 'legal families', the 'civil law' - 'common law' dichotomy, introduction to the German legal system, comparative approaches to tort law, reception of foreign laws, comparative human rights jurisprudence, the role of the European Court of justice, harmonisation and unification of laws, and globalisation.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.