Comparative Law

Subject LAWS70016 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

April, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

This subject involves a detailed examination of important theoretical issues arising from the interaction with foreign law and, through this familiarisation, aims to facilitate research and interaction on the international legal and business scene. The basic goal is to equip students with an in-depth knowledge of what it means to interact with foreign law and to compare laws. Illustrations will be drawn mainly from French, German, Italian, English, United States and Canadian law (no prior acquaintance with these laws is required).

Principal topics will include:

  • Hermeneutics, deconstruction and interdisciplinarity
  • Legal tradition and legal culture
  • Differential analysis and incommensurability
  • Cultural relativism and critique
  • Transmigration of laws
  • Translation
  • Globalisation.
Objectives:

A student who has successfully completed this subject should understand and be able to critically assess:

  • The principal ideologies and discourses within the field of comparative legal studies
  • The rationales underlying comparative interventions
  • The salient theoretical issues attendant upon interaction with foreign law and the comparison of laws
  • The methodological choices required to be made by comparatists
  • Aspects of the common law and civil law traditions, with specific reference to their epistemological development.
Assessment:

Take-home examination (100%) (28-31 May)
or
10,000 word research paper (100%) (12 July) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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