COMPARATIVE LEGAL TRADITIONS

LAW5WLT

2018

Credit points: 15

Subject outline

This subject offers an in-depth comparison of the actors (lawyers, judges, and lay judges and jurors) and of certain linguistic, philosophical, and methodological features of four jurisdictions: Germany, Sweden, England and Wales, and the United States. The approach taken is to compare these jurisdictions on the basis of their languages, their conceptions of law, their primary actors, and their methods of dealing with legal rules. In doing so, students will be asked to assess the usefulness of separating these four jurisdictions into two or more traditions or families, and to help predict likely future developments in these jurisdictions and globally.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorSara Smyth

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites Must be enrolled in LMLC or LMGB or LMLGBL or LMLI or LMCL or LMIBL or LML or LMGBL or LMJD or permission of Law School.

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsCharting the Divide between Common and Civil LawPrescribedLundmark, T 2012OXFORD UNIVERSITY PRESS

Graduate capabilities & intended learning outcomes

01. Be able to compare these jurisdictions on the basis of their languages, conceptions of law, primary actors and methods of dealing with legal rules.

Activities:
Lectures and problem solving activities.

02. Be able to describe four different legal systems (Germany, Sweden, England and Wales, and the USA).

Activities:
Lectures and problem solving activities

03. Describe the usefulness of separating these four jurisdictions.

Activities:
Team presentation/scenarios on Comparative Legal Traditions facilitated by lecturer.

Subject options

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Start date between: and    Key dates

City Campus, 2018, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorJillian Murray

Class requirements

Lecture/Seminar Week: 10 - 22
One 2.0 hours lecture/seminar per study period on weekdays at night from week 10 to week 22 and delivered via blended.

Assessments

Assessment elementComments% ILO*
class participation activity (500 word equivalent)Students will be advised in the start of the semester of how they will be assessed for class participation.10 01, 02, 03
one 3,500 word take home examination60 01, 02, 03
One 2,000 word essay (2000 word equivalent)30 01, 02, 03