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.
In the first part of the module, the current theoretical debates and the various methodological approaches to conduct comparative research will be introduced. Will also be considered the relation between comparative law and trans-nationalisation of law, globalization, the EU, the European perspective through the European Convention on Human Rights as well as the UN position.
The second part of this module examines comparative law in the context of legal theory. The focus will be on the two main families of legal theory, i.e. the common law and civil law traditions and how techniques of comparative law can elucidate jurisprudential issues.
(Parts of this may change)
The first part will be a series of lectures and occasional seminars, introducing the current theoretical debates and the various methodological approaches on the subject.
You will specifically be instructed in the methodology appropriate to conduct comparative research. You will also be introduced to the relation between comparative law and trans-nationalisation of law, globalization, the EU, the European perspective through the European Convention on Human Rights as well as the UN position. Will be also considered the existence of different legal systems, families, cultures and traditions in Europe and globally. In relation to this, students will have the opportunity to learn actively about the law of the country where they will study the following year. Whenever possible, lectures will be given by visiting academics from the host universities, plus a research project dealing with the relevant legal system that will be an appropriate alternative.
The second part will focus on micro comparison on a particular legal topic. You will have the possibility to understand all concepts and methods through an example of comparative research.
Finally, for the five remaining teaching weeks plus some extra time during the Easter vacation, students will be required to choose a topic for themselves, or a problem, involving in one way or another the jurisdiction where they will spend their third year.
- Module Supervisor: Audrey Guinchard