Undergraduate Course: Fundamentals of Comparative Private Law (LAWS10293)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | The aim of this course is to provide students with a general introduction to the basics of the comparative study of law, and to equip them with the tools necessary to conduct comparative analysis with a particular focus on private law. Attention will be given to different methodological approaches to the comparative enquiry, and to the purposes and challenges of the legal comparison. The course will also assess the taxonomical debates in comparative legal scholarship through the lens of the main sources of law. This course thus offers an ideal foundation for students who want to study core areas of private law across both civil and common law jurisdictions. It further offers an ideal preparation for students who aim to write a dissertation that is based on a comparative inquiry or that contains a comparative angle.
The course is structured in two parts. Part I of the course engages with the aims of the comparative inquiry and explores various methodological approaches placing emphasis on both theory and practical applications. Part II introduces students to the taxonomical debates, the main sources of law in both the common and civil law traditions. It thus allows students to gain an understanding of what can and should be compared, as well as of the challenges and potential pitfalls of the comparative enquiry. |
| Course description |
Outline content
For pedagogical reasons, this course will be taught in a condensed format during the initial weeks of the semester. Seminars 1-6 will be delivered in the course of the first three weeks. After that students will have a three week break (that includes the reading week) to catch up on reading. The remaining four seminars will be delivered weekly following the reading week. The course will finish a week before all other courses so as to allow students to start working on their summative assessment.
Week 1, Seminar 1 - Introduction: Aims and Purposes of the Comparative Inquiry
Week 1, Seminar 2 - Comparative Legal Studies, Language and Legal Translations
Week 2, Seminar 3 - Methodological Approaches - Functional v Cultural Approach - the Theory
Week 2, Seminar 4 - Methodological Approaches - Functional v Cultural Approach - Practical Applications
Week 3, Seminar 5 - Methodological Approaches - Historical approach - the Theory
Week 3, Seminar 6 - Methodological Approaches - Historical approach - Practical Applications
Two-week pause
Reading week
Week 7, Seminar 7 - Comparative Legal Studies and the Taxonomy of Legal Systems
Week 8, Seminar 8 - Codes/Codification and Legislation
Week 9, Seminar 9 - Judges and Case Law
Week 10, Seminar 10 - Jurists and Juristic Writings
Week 11, No seminar
Student Learning Experience:
The course will be taught by a series of seminars, for which students will be provided in advance with reading lists, and questions to guide their reading and the development of ideas. Active participation in seminar discussions is a core aspect of the course delivery and will therefore be strongly encouraged. In fact, all students will be expected to be prepared to give a short oral presentation concerning a particular paper on the reading list or on a specific topic. While this will not be part of their summative assessment, it will enable them to develop important soft skills and to explore certain topics in greater depth so as introduce students to possible topics for their UG dissertation.
Please note that classes for this course will be jointly taught with Masters level students. Although students at both levels will study the same course materials, assessments will be graded according to the relevant benchmark appropriate to the level of study.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
Course Delivery Information
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| Academic year 2025/26, Available to all students (SV1)
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Quota: 0 |
| Course Start |
Semester 1 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| Additional Information (Assessment) |
The course will be assessed by 100% coursework:
The course is assessed by a 5,000-word essay. A choice of topics will be given. The topics will cover more than one seminar so that students are strongly encouraged to attend all seminars.
All students will be expected to be prepared to give a short oral presentation concerning a particular paper on the reading list or on a specific topic. This will not be part of their summative assessment but will enable students to develop important soft skills and to explore certain topics in greater depth. |
| Feedback |
Feedback on the formative assessment may be provided in various formats, for example, to include written, oral, video, face-to-face, whole class, or individual. The course organiser will decide which format is most appropriate in relation to the nature of the assessment.
Feedback on the formative in-course assessed work will be provided in time to be of use for the summative assessments within the course.
Feedback on the summative assessment will be provided in written form via Learn, the University of Edinburgh's Virtual Learning Environment (VLE).
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| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- Understand comparative private law as a distinct discipline which is separate from the study of national laws
- Understand the main methodological approaches to the comparative exercise in the field of private law.
- Discern the value but also the challenges of the comparative enterprise.
- Understand some of the core features of the main legal traditions examined.
- Understand and question the value of the main taxonomical approaches taken by comparative lawyers.
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Reading List
The course will be taught in a condensed format during the initial weeks of the semester for pedagogical reasons:
Seminar 1 - Introduction: Aims and Purposes of the Comparative Inquiry
Seminar 2 - Comparative Legal Studies, Language and Legal Translations
Seminar 3 - Methodological Approaches - Functional v Cultural Approach - the Theory
Seminar 4 - Methodological Approaches - Functional v Cultural Approach - Practical Applications
Seminar 5 - Methodological Approaches - Historical approach - the Theory
Seminar 6 - Methodological Approaches - Historical approach - Practical Applications
Two-week pause
Reading week
Seminar 7 - Comparative Legal Studies and the Taxonomy of Legal Systems
Seminar 8 - Codes/Codification and Legislation
Seminar 9 - Judges and Case Law |
Additional Information
| Graduate Attributes and Skills |
Students will develop the skills of working independently in the critical analysis of legal and source materials across different jurisdictions. They will gain experience in comparative methodology, and will be equipped with the tools necessary to conduct comparative analysis. They will develop sensitivity to the nuances of language and terminology. By interactive discussion, they will learn the value of shared dialogue to the formation and refinement of their thinking. |
| Keywords | Comparative Private Law,Civil and Common Law,Mixed Jurisdictions,Legal Transplants,Functional Metho |
Contacts
| Course organiser | Prof Alexandra Braun
Tel: (0131 6)51 5560
Email: Alexandra.Braun@ed.ac.uk |
Course secretary | Mr Ryan McGuire
Tel: (0131 6)50 2386
Email: Ryan.Mcguire@ed.ac.uk |
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