Bachelor
2024/2025
Introduction to Comparative Law
Type:
Compulsory course (Jurisprudence: Digital Lawyer)
Area of studies:
Law
Delivered by:
School of Theory of Law and Comparative Law
Where:
Faculty of Law
When:
2 year, 1, 2 module
Mode of studies:
offline
Open to:
students of one campus
Instructors:
Dmitry Poldnikov
Language:
English
ECTS credits:
3
Contact hours:
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
Course Contents
- What is comparative law
- Comparative law on macro-level
- The civil law in continental Europe
- Variety of civil law systems in Europe
- The common law in England and the USA: related yet different
- Key institutes of the English substantive law
- Mixed Jurisdictions (Hybrid legal systems)
- Muslim law and Sharia
- Chinese and Japanese legal tradition and its change
- Global comparative law
Interim Assessment
- 2024/2025 1st module1 * Аbstract
- 2024/2025 2nd module0.625 * Cumulative + 0.375 * Oral exam
Bibliography
Recommended Core Bibliography
- Kischel, U., & Hammel, A. (2019). Comparative Law (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2032077
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