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Global Legal Systems - LAWS3068
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2311; JURD7211
 
 
Equivalent: JURD7368
 
 
Excluded: JURD7368
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course will focus principally on the study of the relationships between two different legal traditions - the Civil Law and the Common Law. Together these legal traditions provide the foundation of most of the world’s national legal systems. As an initial matter, the class will examine the essential characteristics of the Civil Law and the Common Law, focusing on each tradition’s history, legal structures, legal actors, procedures, and sources of law. As part of the general examination of these traditions, the class will examine particular systems within those traditions, including the American, English, Scottish, French, and German legal systems. The class may, time permitting, also consider non-Western Legal traditions such as Islamic and Hindu Law.


Recommended Prior Knowledge

None

Course Objectives

  1. Demonstrate familiarity with the world's primary legal systems - the Continental/Civil and Common Law systems
  2. Appreciate the differences present in legal systems and how lawyers and legislators may learn from foreign legal systems
  3. Engage in debate about contemporary legal issues in Australia as informed by knowledge of how other legal systems operate

Main Topics

  • Legal Traditions – The Western Legal Tradition
  • History of the Civil Law Tradition
  • History of the Common Law Tradition
  • Comparative Constitutional Law
  • Comparative Judicial Review
  • Comparative Judicial Review in Action – Abortion Regulation
  • Judicial Structure in Comparative Perspective
  • Legal Education in Comparative Perspective
  • The Legal Profession in Comparative Perspective
  • Civil, Criminal and Appellate Procedure in Comparative Perspective
  • Sources & Fields of Law in Comparative Perspective
  • Mixed Jurisdictions: A Comparative Law Laboratory

Assessment

The final grade for the course for every student will be based upon a research essay for 80% (which includes 5% each for a bibliography and outline) . Class participation will be maximisable and count, if it does count, for 10% of the assessment. There will also be a short in-class test for 10%. 80% attendance is compulsory.

Course Texts

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.