Comparative Law

3 units

In a globalizing world, lawyers are increasingly confronted with foreign legal systems. This course offers an introduction to comparative law, and consists of three parts. The first part surveys the most striking differences in property law, tort law, family law, corporate law, criminal law and litigation law, discusses the historical and economic literature that tries to explain these differences, and explores more general themes such as the effects of regulatory competition (race to the bottom or to the top?), the importance and effectiveness of legal transplants, and the relationship between the quality of law and economic growth. The second part offers an overview of the history and typical features of the principal legal families (with particular emphasis on the civil law tradition). The third part focuses on contract law in particular, and compares American, English, French, and German law. Classroom instruction is by lecture and discussion. Laptops are not allowed in class. The grade will be based on a three-hour, closed-book examination. 3 units.