Бакалавриат
2025/2026
Введение в сравнительное правоведение
Статус:
Курс по выбору (Юриспруденция: цифровой юрист)
Когда читается:
2-й курс, 1, 2 модуль
Охват аудитории:
для своего кампуса
Преподаватели:
Красняк Ольга Александровна
Язык:
английский
Контактные часы:
40
Course Syllabus
Abstract
This introductory course on comparative law theory is designed for students interested in studying foreign legal systems who possess a solid knowledge of English. First, the course discusses the nature of ‘traditional’ comparative law, its functions, aims, methods and history. It then surveys the main features of the world’s major legal families (civil law, common law, non-Western legal traditions in Asia and mixed jurisdictions) and maps the world’s legal systems. Finally, it introduces the basic research methods of traditional comparative law (those of R. David and K. Zweigert and H. Kötz), confronting them with the extended methods of ‘postmodern’ comparative law (a contextualised approach to legal systems and institutes).
Learning Objectives
- The course introduces students to the main approaches of ‘traditional’ comparative law, including its functions, objectives, methods and history. It also intends to survey the main features of the world’s major legal systems (civil law, Anglo-American common law, non-Western legal traditions in Asia, Sharia and mixed jurisdictions), providing students with an overview of legal systems around the world. Finally, the course introduces the study of comparative law in today’s (de)globalised world, using the extended methods of ‘postmodern’ comparative law and a contextualised approach to legal systems and institutions.
Expected Learning Outcomes
- After completing the course students are expected to be able to coherently state and reason one's own theses in English regarding the issues of the course
- After completing the course students are expected to be able to define basic concepts of comparative law discipline
- After completing the course students are expected to be able to distinguish and identify key features and institutes of the major legal system (including mixed jurisdictions)
- After completing the course students are expected to be able to explain how comparative law can be used to understand different legal systems of the world
- After completing the course students are expected to be able to review and summarize recommended academic papers
- Identify comparative law as the study of how legal systems construct, interpret, understand and apply their laws.
- Define the basic concepts of the discipline of comparative law and classification of families of law.
- Distinguish and identify the key features and institutions of the major legal systems, including mixed jurisdictions
- Familiarise with the historical, cultural, and national developments of comparative law.
- Explain the methodological considerations in contemporary comparative law through microcomparison and macrocomparison.
- Help lawyers to see the law as more than just a set of rules, but as institutions, actors, cultures, languages and histories.
Course Contents
- Topic 1. Introduction to Comparative Law
- Topic 2. Comparative law at a macro-level
- Topic 3. Civil law in continental Europe
- Topic 4. A variety of civil law systems in Europe
- Topic 5. Common law in England and the USA: related, yet different
- Topic 6. Key institutes of English substantive law
- Topic 7. Mixed jurisdictions (hybrid legal systems)
- Topic 8. Muslim law and Sharia
- Topic 9. The Chinese and Japanese legal traditions and how they have changed.
- Topic 10. Global comparative law
Assessment Elements
- Attendance of lectures
- Active participation in seminar discussions
- Final exam in a form of discussion
Interim Assessment
- 2025/2026 2nd module0.3 * Active participation in seminar discussions + 0.2 * Attendance of lectures + 0.5 * Final exam in a form of discussion
Bibliography
Recommended Core Bibliography
- Smits, J. M. (2012). Elgar Encyclopedia of Comparative Law (Vol. 2nd ed). Cheltenham, UK: Edward Elgar Publishing. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=483155
Recommended Additional Bibliography
- Caenegem, R. C. van. (2002). European Law in the Past and the Future : Unity and Diversity Over Two Millennia. Cambridge: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=73957
- Dicey, A. V. 1835-1922. (1902). Introduction to the study of the law of the constitution. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.F16AD812