In the current context of transnationalism, decolonialism and globalization, every law student in the UK or abroad will almost inevitably encounter foreign law during their professional life. For one thing, international organizations regularly undertake cross-country comparisons to evaluate the efficiency of domestic laws. Also, law makers show themselves more and more open to the influence of foreign legal ideas in the legislative process. Further, appellate judges increasingly refer to foreign law in the course of their opinions. Moreover, private parties often enter into legal arrangements, such as contracts or wills, presenting an international dimension. In sum, nowadays, foreign law is everywhere and cannot be avoided. In this module you will gain the necessary knowledge and methods to approach and compare any foreign law in a meaningful way. In particular, the module will heighten your sensitivity to the specificity of foreign legal cultures and encourage you to reflect in depth upon the possibilities and limits of cross-border interaction in the law. Another feature of this module will be a critical introduction to hermeneutics, deconstruction and translation studies as they relate to law. The module will develop concrete examples from a range of different national laws. You do not require any prior knowledge of foreign law or a foreign language.
Lectures 16 hours, Workshops 16 hours
Short Writing Piece. Assessment Details: Review of Journal Article or Book Chapter (1,000 words) worth 30% of the total marks for the module.
Extended Writing. Assessment Details: Essay (2000 words) worth 70% of the total marks for the module. This Assessment is Pass Compulsory.
Reassessment Method: 100% written assessment (2,000 words)
For reading lists see the detailed module information on moodle
On successfully completing the module, students will be able to:
1) Appraise and analyse key theoretical and practical issues arising in comparative law
2) Critically evaluate the various methods informing comparative law
3) Effectively apply insights from hermeneutics, deconstruction and translation studies to comparative law
4) Clearly and comprehensively explain the conditions under which legal ideas travel between different legal cultures.
5) Effectively undertake comparative legal research.
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