Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: 36 hours. |
Total Time Commitment:
Study Period Commencement:
November, Semester 2
|Recommended Background Knowledge:||None|
|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: www.services.unimelb.edu.au/disability/.
Comparative Law is both a substantive area of intellectual engagement as well as a methodology with professional, academic and policy-making import. As an academic subject, Comparative Law has appeared, in various iterations, on academic curricula around the world, in Europe, the United Kingdom, Canada and the United States, for over a hundred years. However, with increasing globalisation and economic and legal interdependency, Comparative Law provides a key to understanding normative forces at work in Australian law as well as legal systems elsewhere.
This subject adopts the latter approach and will have four main components.
Thirdly, there will be a more detailed analysis and comparison of the origins and sources of the two major Western legal traditions, the Anglo-American common law and the Roman law tradition, as found in continental Europe but also Latin America, Africa, Asia and even North America. Issues and questions considered may include:
Finally, through problem solving exercises using real cases and real legislation, and in particular, the modern Civil Code of Quebec, students may investigate some substantive areas of the law (for example, property, obligations) from a comparative perspective. Issues and questions considered may include:
Comparativist legal scholars are of the opinion that one can never fully understand one's own legal system; there are too many powerful, hidden assumptions, rarely acknowledged and only implicitly understood, operating below the surface. By investigating other legal systems, in addition to the substantive understanding gained of those systems, Comparative Law exposes these hidden assumptions, resulting in a more profound appreciation of one's own system. At its most fundamental level, Comparative Law will inform and deepen students' understanding of all their substantive law school courses.
|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 also have acquired and demonstrated:
Juris Doctor |
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