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Comparative Law (LAWS70016)
Graduate coursework level 7Points: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
Overview
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This subject will link different traditions, genres, and methods of comparative legal studies to a critical analysis of the ethical and political implications of comparative legal projects. Students will explore canonical texts representing the main academic traditions of comparative legal studies, key features of laws from different countries/legal cultures (in particular constitutions), and accounts of the practical application of the comparative method within and without the law school (such as legal consulting, legal reform, and harmonisation of legal regimes). The subject will examine the transnational and transcultural development of legal regimes and constitutional orders, and consider how the transfer of laws is facilitated by or resists globalisation. The goal is to overcome the marginalisation of comparative law in the legal curriculum and develop a conceptual framework for designing and interpreting the phases, outcomes and risks of legal transfer.
Principal topics include:
- An overview of the history and main academic traditions in comparative law (such as functionalism, structuralism, taxonomy, factualism).
- An analysis of the different argumentative and methodological ‘tracks’ of comparative law and their internal connections with ethical agendas and political projects
- A conceptual framework for designing and interpreting the phases, outcomes and risks of legal (constitutional) transfer
- A critical evaluation of concepts like legal ‘tradition’, ‘system’, ‘family’, ‘culture’, ‘transplant’ used in the comparative legal literature
- The key features of laws of different countries/legal cultures, in particular constitutions
- Accounts of the practical application of the comparative method within and without the law school (legal consulting, legal reform, harmonisation of legal regimes)
- Texts illustrating critical approaches to conventional legal comparison.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced understanding of the traditions and paradigms of comparative law and the crucial importance of method for the self-perception of comparatists and the identity of the discipline
- Be able to differentiate and critically analyse the dominant methodological approaches, in particular formalist taxonomies, structuralism, functionalism and factualism
- Have the cognitive information and skills to analyse and critique the internal relationship between the different methods, ethics and politics of comparative law
- Be able to recognize, evaluate and convey the conceptual and ideological implications of and differences between legal systems, legal cultures and legal traditions
- Have a deepened understanding of the crucial role comparative law plays in projects of legal consulting and engineering and a globalized economy
- Have a sophisticated understanding of how the transfer of law can be conceptualized and theoretically reconstructed
- Have the cognitive and analytical skills to explore and articulate how processes of globalisation affect legal (constitutional) transfer and identify and interpret legal items which resist globalization in their political-cultural context
- Be an engaged participant in debate regarding the problems and pitfalls as well as the value of comparative legal studies.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
AND
All students should have completed an introductory course in comparative law or comparative constitutional law.
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Appraisal of one of the canonical or critical texts
| 10% | |
Research paper on a topic approved by the subject coordinator
| 80% |
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2023
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Laws Course Graduate Diploma in Legal Studies Course Master of Law and Development Course Graduate Diploma in Government Law Course Master of Public and International Law - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024