Course overview
Students are introduced to comparative law as a method of legal enquiry, which is of significant import to the cosmopolitan lawyer who often requires knowledge of more than one legal system. Students consider the practical aims and theoretical underpinnings of the comparative legal method and examine the historical development of the process of comparing rules, principles, and institutions of different countries. Emphasis is placed on the contemporary use of the comparative method in both public and private law by legal actors such as lawyers, judges, and legislators. Students develop an international perspective by making substantive connections between the Australian common law and a range of legal traditions, questioning whether national legal systems and institutions are converging or whether differing economic, political, and social contexts preserve legal diversity.
Course learning outcomes
- Analyse the foundational principles of comparative law, undertake (self-directed) legal research, and evaluate legal information
- Apply comparative law to complex problems/ issues, critique the operation of comparative law from a theoretical perspective as part of a team
- Structure and sustain concise and cohesive written arguments for a legal and professional audience
- Conduct legal research and analysis both independently and cooperatively in an academic environment
- Analyse the impact of comparative law from comparative and international perspectives, and in the context of social and cultural diversity
- Reflect on their abilities to effectively undertake work as a member of a team