Postgraduate Course: Fundamentals of Comparative Private Law (LAWS11380)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Not available to visiting 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 problems 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.
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
The course is structured in two parts:
Part I
Aims and Purposes of the Comparative Inquiry
Methodological Approaches - Functional v Cultural Approach - the Theory
Methodological Approaches - Functional v Cultural Approach - Practical Applications
Methodological Approaches - Historical approach - the Theory
Methodological Approaches - Historical approach - Practical Applications
Part II
Comparative Legal Studies, Language and Legal Translations
Comparative Legal Studies and the Taxonomy of Legal Systems
Codes/Codification and Legislation
Judges and Case Law
Jurists and Juristic Writings
Student Learning Experience:
The course will be taught by a series of 10 two-hour 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.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
| Not being delivered |
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.
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Reading List
The literature published in this area is substantial. The essential reading for each seminar is indicated on the handout accompanying the particular seminar. Among the books that students will frequently use are:
* K Zweigert and H Kötz, Introduction to Comparative Law (OUP, 3rd edn 1996 transl T Weir)
* M Reimann and R Zimmermann (eds), The Oxford Handbook of Comparative Law (OUP, 2nd edn 2019)
* HP Glenn, Legal Traditions of the World (OUP, 5th edn 2014)
* M Bussani and U Mattei (eds), The Cambridge Companion to Comparative Law (CUP, 2012)
* A Watson, Legal Transplants. An Approach to Comparative Law (2nd edn 1993)
* S Koch and J Ø Sunde, Comparing Legal Cultures (Fagbokforlaget, 2nd edn 2020)
* E Örücü and D Nelken (eds), Comparative Law: A Handbook (Hart Publishing, 2007)
* M Siems, Comparative Law (CUP, 2nd edn 2018)
* W Menski, Comparative Law in a Global Context (CUP, 2nd edn, 2006).
* G Frankenberg, Comparative Law as Critique (Elgar, 2016)
* VV Palmer, Mixed Jurisdictions Worldwide: The Third Legal Family (2012 2nd edn CUP).
*C Valcke, Comparing Law. Comparative Law as Reconstruction of Collective Commitments (CUP 2018) |
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 Method |
Contacts
| Course organiser | Prof Alexandra Braun
Tel: (0131 6)51 5560
Email: Alexandra.Braun@ed.ac.uk |
Course secretary | Miss Bethan Walters
Tel: (0131 6)50 2386
Email: bethan.walters@ed.ac.uk |
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