COMPARATIVE LEGAL TRADITIONS
Credit points: 15
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
Subject Co-ordinatorSara Smyth
Available to Study Abroad StudentsYes
Subject year levelYear Level 5 - Masters
Prerequisites LMJD Juris Doctor LML Master of Laws LMGBL Master of Laws in Global Business Law LMLGBL Master of Laws in Global Business Law LMCL Master of Laws in Commercial Law LMLC LMGB or with permission of the Director of Postgraduate (Coursework) Programs LMIBL LMLAW Master of Laws OR have permission of the Law School Director of Postgraduate (Coursework) Programs
|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.
- Lectures and problem solving activities.
02. Be able to describe four different legal systems (Germany, Sweden, England and Wales, and the USA).
- Lectures and problem solving activities
03. Describe the usefulness of separating these four jurisdictions.
- Team presentation/scenarios on Comparative Legal Traditions facilitated by lecturer.
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City Campus, 2018, Semester 1, Blended
Maximum enrolment sizeN/A
Subject Instance Co-ordinatorJillian Murray
One 2.0 hours lecture/seminar per study period on weekdays at night from week 10 to week 22 and delivered via blended.
|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 examination||60||01, 02, 03|
|One 2,000 word essay (2000 word equivalent)||30||01, 02, 03|