COMPARATIVE LEGAL TRADITIONS

LAW5WLT

2017

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: Jillian Murray

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.

City Campus, 2017, Week 06-10, Blended

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information:

Subject Instance Co-ordinator: Jillian Murray

Class requirements

Lecture/WorkshopWeek: 06 - 06
Five 6.0 hours lecture/workshop per study period on weekdays during the day from week 06 to week 06 and delivered via blended.
"19 January - 25 January 2016"

Assessments

Assessment element	Comments	%	ILO*
class participation	Students will be advised in the start of the semester of how they will be assessed for class participation.	10	01, 02, 03
one 4,000 word take home examination		60	01, 02, 03
One 2,000 word essay		30	01, 02, 03