76001 Comparative Law

Description

Comparative law is the study of how legal systems construct, interpret, understand and apply their laws. It helps the lawyer to detach from what he or she she has learnt a legal system is or must be, to reach out to understand further facets of what law is, and to then understand (and perhaps reform) his or her own law. It is the antidote to isolation, to parochialism and to the conceited belief that nothing could be worth knowing in laws outside of ones own existing knowledge, experience or kindred systems.

The comparative law subject has two key parts. First, the method and theory of comparative law: in this part the subject explores and critiques the extensive literature on what comparative law is, what it should be and how to do it. Included here is analysis of how comparative law relates to legal history, sociology and other related disciplines. This section shows how appropriate use of comparative law can prevent three mistakes: that a common rule across jurisdictions must result from common needs, that a common or similar rule has been adopted solely on its merits in the market place of ideas, and that a rule which has flourished in more than one place can be explained by the circumstances of only one time and place.

The second part of the subject turns to substantive comparative law. Examples are drawn widely, including from the Australian, English, Welsh, French, German, Spanish and Scottish law. The principles and concepts of comparative law are tested primarily in one field, private law, with a focus on the law of tort. Materials are provided in English and the original languages, no foreign language skills are required.