Comparative Law

Subject 730-618 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points:

12.500

Level:

Graduate/Postgraduate

Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - 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: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.

Prerequisites:

N.A.

Corequisites:

N.A.

Recommended Background Knowledge:

None

Non Allowed Subjects:

None

Core Participation Requirements:

N.A.

 CoordinatorProf Pierre Legrand 

Subject Overview:	Objectives: A candidate who has successfully completed the subject should: Understand and be able to assess critically the principal ideologies and discourses within the field of comparative legal studies Understand and be able to assess critically the rationales underlying comparative interventions Understand and be able to assess critically the salient theoretical issues attendant upon interaction with foreign law and the comparison of laws Understand and be able to assess critically the methodological choices required to be made by comparatists Understand and be able to assess critically aspects of the common law and civil law traditions, with specific reference to their epistemological development Be able to conduct critical comparative research about law. Syllabus: The 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. Reference will be made to historical, philosophical, sociological, anthropological and literary data (no prior acquaintance with interdisciplinary studies being required). The basic goal is to equip the candidate 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, US and Canadian law (no prior acquaintance with these laws being 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.
Assessment:	Take-home examination (100%) (25-28 July) or Research paper 10,000 words (100%) (11 September) (topic approved by the subject coordinator)
Prescribed Texts:	Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:	This subject is not available as a breadth subject.
Fees Information:	Subject EFTSL, Level, Discipline & Census Date
Generic Skills:	Please see the Subject Objectives for this information.
Links to further information:	730-618Comparative LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008 Objectives: A candidate who has successfully completed the subject should: Understand and be able to assess critically the principal ideologies and discourses within the field of comparative legal studies Understand and be able to assess critically the rationales underlying comparative interventions Understand and be able to assess critically the salient theoretical issues attendant upon interaction with foreign law and the comparison of laws Understand and be able to assess critically the methodological choices required to be made by comparatists Understand and be able to assess critically aspects of the common law and civil law traditions, with specific reference to their epistemological development Be able to conduct critical comparative research about law. Syllabus: The 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. Reference will be made to historical, philosophical, sociological, anthropological and literary data (no prior acquaintance with interdisciplinary studies being required). The basic goal is to equip the candidate 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, US and Canadian law (no prior acquaintance with these laws being 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. Take-home examination (100%) (25-28 July) or Research paper 10,000 words (100%) (11 September) (topic approved by the subject coordinator) N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Prof Pierre LegrandLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730618P12.500Semester 1NLawLaw730-618

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