European Comparative Law (LAWM663)
This module description relates to the academic year 2012/3.
| Lecturer(s) | Leone Niglia |
|---|---|
| Module level | M |
| Credit Value | 15.00 |
| ECTS Value | 7.5 |
| Pre-requisites | Basic Knowledge of European Law |
| Co-requisites | None |
| Duration of Module | One term. |
| Total Student Study Time | 150 hours (5 x 2hrs Seminar; 140 hrs independent study) |
Aims
The module provides a framework for a comparative comprehension of the common and civil law traditions in Europe and for a critical analysis of the impact of the Europeanisation process on the 'identity' of both legal traditions and their national variants. It introduces students to an advanced knowledge and understanding of the interface between comparative law (that is, civil versus common law traditions) and European law (that is, relevant EU harmonisation agenda). It is unique in that it addresses the interface between Europeanisation and comparative law, rather than looking at the former or at the latter independently. The module critically assesses the significance of the European project of codification of private law for both civilian and common law countries (notably, the European Commission Common Frame of Reference Project). The module exposes students to comparative law readings from leading writers. It offers an opportunity to understand the current Europeanisation of law in light of sophisticated knowledge as contained in legal comparative studies. Key schools of thought as developed over the past two centuries are identified and their impact on contemporary law unveiled. A related objective of the module is to foster critical awareness of law in comparative perspective.
Intended Learning Outcomes
Module-specific skills:
On successful completion of this module, students should be able to:
understand the development of law in comparative, contextual and epistemological perspective (ILO1)
critically evaluate the common law and civil law divide (ILO2)
critically understand the Europeanisation of law in relation to its impact on civil and common law traditions (ILO3)
critically understand the role of legal mentalities, and of harmonisation and codifications techniques, in European perspective (ILO4)
Discipline-specific skills:
On successful completion of this module, students should be able to:
Ability to deal with legal problems in comparative perspective (ILO5)
ability to evaluate civil and common law in comparative and European perspective (ILO6)
capacity to handle primary and secondary literature from the EU and from EU member states (ILO6)
Personal and key skills:
On successful completion of this module, students should be able to:
Capacity to develop descriptive, analytical and critical skills through an examination of relevant legal material (ILO7)
ability to synthesise materials, communicate orally and in writing and produce structured and coherent accounts of the results of research (ILO8)
The assessed essay will help develop research skills (ILO9)
Learning/Teaching Methods
The teaching method consists of seminars, requiring active participation of the whole group under guidance of the lecturer. Students will be asked to engage in conversation during the class and to work independently on the examination essay. Students will be required to present their own synthesis and understanding of relevant materials, and to engage in critical exchanges during the class.
Assignments
Student presentations on key topics and discussion. Feedback: oral Feedback
Assessment
Essay (100%) - 3750 words. Feedback: detailed written feedback will be given.
Syllabus Plan
Seminar 1: The common law and the civil law traditions in Europe
Seminar 2: The convergence thesis and the Europeanisation process
Seminar 3: Critical views I (identity of legal cultures)
Seminar 4: Critical views II (the problem of legal transplants)
Seminar 5: Critical views III (Pluralism)
Indicative Basic Reading List
K. ZWEIGERT AND H. KÖTZ (translated by Tony Weir) INTRODUCTION TO COMPARATIVE LAW 1998, 3rd ed., Oxford: Clarendon Press
M. REIMANN & R. ZIMMERMANN (eds.) THE OXFORD HANDBOOK OF COMPARATIVE LAW 2006 1st ed.
L. Niglia "Taking Comparative Law Seriously - Europe's Private Law and the Poverty of the Orthodoxy" 54:2 AMERICAN JOURNAL OF COMPARATIVE LAW (2006) pp. 401-428
Indicative web based resources e.g. Webct:
www.europa.eu
Other resources:
American Journal of Comparative Law
Maastricht Journal of European and Comparative Law
Journal of Comparative Law
Modern Law Review (MLR)
Oxford Journal of Legal Studies (OJLS)
European Review of Private Law
European Contract Law Review
Columbia Journal of European Law (CJEL)
European Law Journal (ELJ)
Yearbook of European Law (YEL)
