COMPARATIVE LEGAL TRADITIONS
LAW5WLT
2016
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.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Keith Kendall
Available to Study Abroad Students: Yes
Subject year level: Year Level 5 - Masters
Exchange Students: Yes
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 permission of Law School.
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/A
Special conditions: N/A
Learning resources
Readings
| Resource Type | Title | Resource Requirement | Author and Year | Publisher |
|---|---|---|---|---|
| Readings | Charting the Divide between Common and Civil Law | Prescribed | Lundmark, T 2012 | OXFORD 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.
Melbourne, 2016, Week 04-05, Blended
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Keith Kendall
Class requirements
Lecture/WorkshopWeek: 04 - 05
One 1.0 days lecture/workshop per day on weekdays during the day from week 04 to week 05 and delivered via blended.
"19 January - 25 January 2016"
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| class participation | 10 | 01, 02, 03 | |
| one 6,000-7,000-word take home examination | 90 | 01, 02, 03 |