Comparative Law

Subject LAWS70016 (2011)

Note: This is an archived Handbook entry from 2011.

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

This subject has the following teaching availabilities in 2011:

May, 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: Not available
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 more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

This subject involves a detailed examination of salient theoretical issues governing the interaction with foreign law and, through this familiarisation, aims to facilitate research and lawyering on the international level. The basic goal is to equip the student with an in-depth knowledge of what it means to engage with foreign law and to compare laws.

Principal topics will include:

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

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

  • The principal ideologies and discourses within the field of comparative legal studies
  • The salient theoretical issues governing the interaction with foreign law and the uses that can be assigned to foreign law
  • The strategies to be deployed in addressing foreign law and the comparison of laws.
Assessment:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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