Issues in European Comparative Law (Lw829)

UNIVERSITY OF KENT

Module Specification

1. GENERAL INFORMATION

Title: Issues in European and Comparative Law

Code: LW829

Academic year: 1999/2000

Number of units: 1 Unit (Lent term)

Number of ECT credits: 15

Length of module: 10 weeks (including 1 reading week)

Weekly contact hours: 2

Student study hours: 150

Name of convenor: Professor Geoffrey Samuel

2. ASSESSMENT

Assessment requirements: One 4000 word essay.

Assessment submission dates: Per LLM regulations.

3. CONTENTS, AIMS AND OBJECTIVES

Contents outline: This second module on comparative law (cf LW807) will focus on a number of current issues in comparative law that have given rise to debate such as theoretical weakness, methodology, harmonisation, institutions, mentality, reasoning and the like. The actual contents may therefore vary from year to year depending upon (for example) the emphasis in the literature, the technical problems facing unification and harmonisation of laws in Europe and (or) the political climate within the EU. Nevertheless the general purpose of the module to provide a basic introduction to the theoretical and practical considerations surrounding comparison in law within the context of European legal systems. The general focal points are twofold: comparative law as a discipline in itself (aims, functions, merits, dangers, methodology and theory) and comparative law as a means of access to the two principal European legal mentalities (common law and civil law traditions). Core issues to be covered are as follows:

Theories and methods of comparative law.
Problems and obstacles to harmonisation of law within the EU.
Classification of law in a comparative context.
Comparison of legal institutions.
Comparative law and legal theory.
Comparative law and legal epistemology.
Legal reasoning in a comparative context.

In addition to these core topics, other issues will also be studied depending upon the state of the debates in the literature.

Aims and objectives: The aim of the module is to provide a knowledge of:

the various theories and debates surrounding legal comparison;
the data and focal points for comparison;
the methods and concepts used by comparatists;
the goals of legal comparison;
the various schemes of classification used by Western legal systems;
the identification and use of institutional models in legal comparison;
the obstacles to legal harmonisation;
the relationship between comparative law, legal theory and legal epistemology.
The learning objectives are an ability:
to appreciate the problems in defining comparative law as a discipline;
to analyse critically the debates, theories and methods associated with legal comparison;
to analyse the strengths and weakness of comparison in law;
to identify the different criteria used for comparison;
to identify the main characteristics of the various European legal traditions;
to understand the scope and function of different European legal concepts and categories;
to categorise factual situations according to different institutional legal models;
to appreciate the different reasoning methods used in European legal systems;
to understand the problems associated with harmonisation of laws in Europe;
to appreciate the relationship between comparative methodology and legal knowledge.

4. TEACHING

Teaching arrangements: Teaching will consist of one two-hour seminar per week based upon private research undertaken by the students in the week previous to the seminar. The private research itself will be based upon a set reading programme given out each week.

Teaching methods: The seminar will be framed around student-led discussion of the research undertaken together with some time being devoted to providing an expository framework.

5. READING AND RESEARCH

Basic reading:

Stein, P, Legal Institutions (Butterworths, 1984)

Legrand, P Fragments on Law-as-Culture (WEJ Tjeenk Willink, 1999)

Samuel, G, Foundations of Legal Reasoning (Maklu, 1994)

Samuel, G, Sourcebook on Obligations and Legal Remedies (Cavendish, 2nd ed.,

1999)

Zweigert, K & Kötz, H, An Introduction to Comparative Law (Oxford, 3rd ed.,

1998; trans T Weir)