76001 Comparative Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (70120 Legal Method and Research OR 70102 Foundations of Law)) OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate knowledge of the method and theory of comparative law and substantive comparative law |
|---|---|
| 2. | Demonstrate ability to critically analyse and evaluate literature in order to prepare a comprehensive and critical review of the major features of English, French and German Tort law, articulate complex issues, situate the research project in the field and frame research questions |
| 3. | Demonstrate sophisticated creative and cognitive skills in designing a research essay, developing an appropriate research methodology for comparative law and formulating a research proposal |
| 4. | Demonstrate ability to execute a comparative law essay that demonstrates advanced critical thinking, academic writing and research skills |
| 5. | Demonstrate ability to present the fruits of comparative law research to an audience of scholars |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: Expository lectures to introduce students to new material. By the end of the course students should be able to:
- give a systematic and comparative account of major features of English, French and German Tort law.
- identify differences in concepts, outcomes and legal reasoning in the various legal systems studied;
- assess the significance of differences and similarities between the legal systems studied and provide explanations for them;
- offer sustained arguments which draw on legal sources (codes, statutes, case law and doctrinal writing) from each system (in English) in a manner which reflects the importance of each source within its legal system;
- be able to understand and apply the ideas of leading commentators
- apply different comparative methods critically to specific problem areas; and
- undertake their own research on aspects of the course and integrate it with other parts of their learning
This is linked with GA1 and SLO 1, 3, 4.
Strategy 2: Student-centred learning through preparing and delivering a class presentation. Students will develop the their ability to critically analyse material using comparative methodologies, and the ability to communicate effectively their findings orally. This links with GAs 1, 3, 5
Strategy 3: Completing a research essay on an agreed topic will allow students to develop an in-depth knowledge of an area of particular interest to them. This will develop their ability to identify and critically evaluate the law and comparative and international implications arising. This links with GAs 1, 3, 5 and the SLOs 2, 3, 5.
Subject Delivery: lectures, group work, flipped learning through podcasts available online.
Content (topics)
- Introduction to Comparative Law
- Methods of Comparative Law
- Introduction to Comparative Research
- Sources of Law
- Legal Transplants
- Statutory Interpretation
- Causation
- Fault
- Economic Loss
- Tort’s relationship with Crime
- Advanced Fault Analysis
- Road Traffic Liability
- Product Liability
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 10% |
Assessment task 2: Class Presentation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 30% |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 60% |
| Length: | 3000 Words |
