Note: This is an archived Handbook entry from 2012.
|Dates & Locations:|| |
This subject is not offered in 2012.
|Time Commitment:||Contact Hours: One 3 hour class session per week and two half-day workshops in weeks 11 and 12. |
Total Time Commitment:
Study Period Commencement:
|Recommended Background Knowledge:|| |
Knowledge of one or more European languages is an advantage.
|Non Allowed Subjects:|| |
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.
Melbourne Law School Student Centre
Tel: +61 3 8344 4475
This subject offers students an opportunity to critically examine in detail a major legal family that is radically different from the common law. Class based discussion of the core features of the (European) civil law is built upon through independent and in-depth research exercises into selective aspects of this major family of law in the Western world today. This subject allows students to gain a deeper, and integrated, understanding of Australian law and, more generally, critically reflect upon the common law against a contemporary backdrop of globalisation. The growing importance of the legal order of the European Union will be a particular feature of examination as will be the current state of play as regards the scholarly debates concerning the various theories of convergence and divergence between legal systems. With respect to the latter, writings by outspoken scholar and critic Pierre Legrand will be scrutinised.
A student who has successfully completed this subject will have an advanced appreciation of the complexities involved in applying the comparative method across different legal families - especially where these families belong to the same broad Western tradition. On completion of this subject students will have obtained a sophisticated understanding of the extent to which the legal family of the civil law operates as a critical point of contrast with the legal family of the common law. In particular, on completion of this subject students should:
Independent research paper 6,000 words (100%). Students will be required to prepare a paper demonstrating sophisticated independent research on, and analysis of, a topic relevant to the subject.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have the ability to undertake independent and sophisticated research into one or more aspects of foreign (European) law outside the legal family of the common law. This will involve an ability to:
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