LW205-5-AU-CO:
Comparative Law
2024/25
Essex Law School
Colchester Campus
Autumn
Undergraduate: Level 5
Current
Thursday 03 October 2024
Friday 13 December 2024
15
26 March 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
Do you wonder why your legal studies focus on England & Wales, but not on Scotland? Are you curious about the meaning(s) behind the expression ‘common law countries’ and/or ‘civil law countries’? Do you want to understand better how the English legal system compares with other legal systems, such as those in the US, India, France, South Africa, Malaysia, Brazil, or in the Middle East?
Decide how you would answer these questions by studying the field of comparative law.
This module will introduce you to the main concepts and debates surrounding the analysis of different legal systems, It will also give you an overview of the methodologies that comparative law research involves. As importantly, you will discover how methodologies and concepts can be traced back to the colonial roots of comparative law and how academics specialists in the field have tried over the last twenty years to reinvent the discipline and move away from a specific vision of law and comparative law.
The aim of this module is:
- To provide a sound conceptual grasp and knowledge of the theoretical and methodological aspects of comparative law, a thriving intellectual discipline, set between practice and legal theory.
By the end of the module, students will be expected to be able to:
- Demonstrate strong knowledge of fundamental aspects of comparative law.
- Analyse multiple legal systems/families/cultures / and traditions.
- Critically comment and debate on the foundations of comparative law.
- Demonstrate an appreciation for the strengths and weaknesses of comparative methods.
- Select the appropriate method(s) for comparing legal questions.
The module will analyse areas such as:
- The main concepts and debates surrounding the analysis of different legal systems (legal families, legal cultures or traditions)
- The methodology(y)ies for comparative law research (functionalism; its criticisms)
- Comparison between legal systems and where they contrast
Each seminar will introduce the conceptual materials needed to then discuss the key themes through the analysis of two to three relevant texts. Your knowledge and centres of interests will be integral to the discussions.
- Zweigert, Konrad; Kötz, Hein. (1998) Introduction to comparative law, Oxford: Clarendon Press.
- Zimmermann, Reinhard; Reimann, Mathias. (2006) The Oxford handbook of comparative law, Oxford: Oxford University Press.
- De Cruz, Peter. (2007) Comparative law in a changing world, London: Routledge-Cavendish.
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Prof Audrey Guinchard, email: abguin@essex.ac.uk.
Dr Audrey Guinchard, Dr Sahar Maranlou
Law General Office, 01206 872529, lawugadmin@essex.ac.uk
Yes
No
Yes
Dr Marie-Luce Paris
University College Dublin
Associate Professor
Available via Moodle
Of 20 hours, 20 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).
Essex Law School
* Please note: due to differing publication schedules, items marked with an asterisk (*) base their information upon the previous academic year.
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