Comparative Law

3 units

An introduction to the comparative study of different legal systems. This course will focus primarily on the question of how law and order are maintained, and justice pursued, under two major legal families, the civil law and the common law systems. Our overarching aim in this course will be to explore the extent to which differences in legal doctrine and practice reflect larger differences in social structure. The first part of the course introduces us to comparative law as a method, to the principal characteristics of the civil law and common law systems, and to basic structures elaborated under these systems and their functioning, among them courts and judicial review. Next we will explore how similar institutions and procedures are elaborated in different legal systems, among them civil and criminal procedure; contracts and torts; and property. We then turn to modern constitutions, and a brief selection of issues they contend with, including structural design (the presidentialism vs. parliamentarism debate); human dignity; freedom of speech; and the family. Finally, we consider the extent to which we may be witnessing a convergence of traditional systems under globalization (considering specifically the role of international and supranational legal systems) and the backlash thereto. Our goal is for students to come away with some knowledge of foreign law and with a heightened awareness of some of the ways in which foreign societies can differ from our own. Take-home examination or paper option.