LW313/323 A Critical Introduction to Law and LW588/614 Public Law 1.
Not available to non-law students.
OverviewOver the academic year, a wide range of topics will be covered, these may include the following:
- The History of Comparative Law
- The Strengths and Weaknesses of Comparative Law
- The Politics of Comparative Law
- Method: Comparative Law's Quandary
- The Relationship Between the (Legal) Self and the Other
- Reading Foreign Law: The Possibilities and Limits of Legal Translation
- Common Law and Civil Law: Not so Different?
- How Legal Concepts Travel (or Not) Across Legal Cultures
- Can Western Comparative Law Work in Asia?
- The Use of Foreign Law in Constitutional Interpretation
- The Debate Over Harmonization and Uniformization of Laws
- Towards a Global Legal Order? Comparative Laws Contribution
This module appears in:
The module will be taught in a weekly lecture and fortnightly seminar format.
Method of assessment
100% coursework, consisting of 3 short papers of no more than 2000 words and 1 essay consisting of no more than 5000 words.
P Legrand and R Munday (eds) Comparative Legal Studies: Traditions and Transitions (Cambridge: Cambridge University Press, 2003)
W Menski Comparative Law in a Global Context 2nd ed (Cambridge: Cambridge University Press, 2006)
M Reimann and R Zimmermann (eds) The Oxford Handbook of Comparative Law (Oxford: Oxford University Press, 2008)
K Zweigert and H Kötz An Introduction to Comparative Law, transl. Tony Wier, 3rd ed (Oxford: Oxford University Press,1998)
V C Jackson Constitutional Engagement in a Transnational Era (Oxford: Oxford University Press, 2010)
PG Monateri (ed) Methods of Comparative Law (Cheltenham: Elgar, 2012)
H P Glenn Legal Traditions of the World 5th ed (Oxford: Oxford University Press, 2014)
M Siems, Comparative Law (Cambridge: Cambridge University Press, 2014)
G Samuel An Introduction to Comparative Law Theory and Method (Oxford: Hart, 2014)
S Glanert (ed), Comparative Law - Engaging Translation (London: Routledge, 2014)
S Breyer The Court and the World (New York: Alfred A. Knopf, 2015).
Students who successfully complete this module will:
- have a thorough appreciation for current theoretical debates within the field of comparative law;
- have the systematic ability to engage critically with the various, and at times conflicting, methods informing comparative law;
- be conversant with hermeneutics, deconstruction and translation studies as these movements pertain to the study of comparative law;
- be critically sensitive to the cultural embeddedness of legal comparisons;
- have a sound understanding of the conditions under which legal ideas travel between different legal cultures.