LW205-5-SP-CO:
Introduction to comparative law

The details
2023/24
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Monday 15 January 2024
Friday 22 March 2024
15
18 October 2023

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

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 methodology(y)ies 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.

Module aims

The module aims 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.

Module learning outcomes

Students will be able to:

- Demonstrate a 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 strength and weaknesses of comparative methods

- Select the appropriate method(s) for comparing legal questions.

Module information

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



Learning and teaching methods

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.

Bibliography

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
Coursework   Essay (LW205 Introduction to Comparative Law)    70% 
Practical   Presentation (LW205 Introduction to Comparative Law)    30% 

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

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Prof Audrey Guinchard, email: abguin@essex.ac.uk.
Law Education Office, lawschoolug@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Dr Marie-Luce Paris
University College Dublin
Associate Professor
Resources
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), module, or event type.

 

Further information
Essex Law School

Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements, industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules. The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.

The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.