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Comparative Legal Traditions (LAWS10006)
Undergraduate level 1Points: 12.5Not available in 2024
Overview
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The rule of law is a hallmark of contemporary Western society. Public perceptions of and attitudes to the law, however, can vary in space and time. This subject explores legal solutions to selected problem scenarios in their broader historical and societal context. The focus is on the main 'families' of law in existence today: the Anglo-American ('common') law and the Continental-European ('civil') law. The use of a comparative approach both facilitates and promotes a deeper understanding of the society in which we live and the rules by which it is shaped.
Particular topics may include:
- Individual responsibility and the law: risk allocation and blame shifting in personal injury scenarios;
- consumers and the law: liability of manufacturers for defective products;
- morality and the law: the role of good faith in commercial relations;
- strangers and the law: duty to the rescue;
- equality at work: institutionalised forms of employee participation; and
- globalisation and the law: the European Union and its implications for the traditional distinction between civil and common-law legal families.
Intended learning outcomes
On completion of this subject students should:
- Recognise that many human dilemmas have a legal connection point;
- appreciate that different legal traditions may experience similar problems even though the approach to these problems may differ considerably; and
- understand the benefits and pitfalls of a comparative approach to law study.
Generic skills
On completion of the subject, students should have developed the following generic skills:
- The capacity for close reading and analysis of a range of textual materials;
- the capacity to engage in critical thinking and to bring to bear a range of conceptual analyses upon a given subject matter;
- the capacity for independent thought and reflection;
- the capacity to articulate knowledge and understanding of complex ideas in oral and written form; and
- the ability to confront unfamiliar and challenging issues and to consider appropriate legal and policy responses to them.
Last updated: 11 April 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
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: 11 April 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Reflective essay based on the subject materials
| Mid semester | 35% |
Exam
| During the examination period | 65% |
Additional details
The due dates of the above assessment will be available to students via the LMS subject page.
Last updated: 11 April 2024
Dates & times
Not available in 2024
Last updated: 11 April 2024
Further information
- Texts
Prescribed texts
- Printed subject materials will be available from the University Co-Op Bookshop.
Recommended texts and other resources
- Vranken, M, Western Legal Traditions (Federation Press, Sydney, 2015).
- Breadth options
This subject is available as breadth in the following courses:
- Bachelor of Arts
- Bachelor of Biomedicine
- Bachelor of Commerce
- Bachelor of Design
- Bachelor of Environments
- Bachelor of Fine Arts (Acting)
- Bachelor of Fine Arts (Animation)
- Bachelor of Fine Arts (Dance)
- Bachelor of Fine Arts (Film and Television)
- Bachelor of Fine Arts (Music Theatre)
- Bachelor of Fine Arts (Production)
- Bachelor of Fine Arts (Screenwriting)
- Bachelor of Fine Arts (Theatre)
- Bachelor of Fine Arts (Visual Art)
- Bachelor of Music
- Bachelor of Science
- 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: 11 April 2024