Delivered at:: School of Theory of Law and Comparative Law

Course type:: Compulsory course

When:: 2 year, 1, 2 module

Instructor

Poldnikov, Dmitry

Full Syllabus

Abstract

This introductory course on comparative law theory is designed especially for undergraduate first-year students who are genuinely interested in studying foreign jurisdictions and legal systems and possess a solid knowledge of English but have an educational background limited only to the very first two modules of the first-year curriculum at the faculty of law. The course, first, discusses the nature of ‘traditional’ comparative law, its functions, aims, methods and history, then surveys the main features of the major legal families of the world (civil law, common law, non-Western legal traditions in Asia, mixed jurisdictions), then maps the world’s legal systems, and finally, it introduces basic research methods of traditional comparative law (that of R. David or K. Zweigert and H. Kötz) confronting them with extended methods of ‘postmodern’ comparative law (contextualised approach to legal systems and institutes). The course is targeted at first-year undergraduate law students who are expected to have successfully completed the undergraduate courses on foreign legal history and legal theory. Students are expected to learn essential legal English vocabulary through study of European and Russian legal history, listening to lectures, engaging in disputes, and preparing final written essay. The instructor proposes an interactive mode of giving lectures similar to readings in American law schools. Students are expected to read essential literature before attending lectures, they will be asked questions in order to check their comprehension. The syllabus will be accompanied with essential glossary. From the very beginning of their legal education students are encouraged to make use of the electronic resources of HSE, as many recommended papers are available at Jstor, Ebrary and other data bases. After completing the course students are expected to be able to: • define basic concepts of comparative law discipline; • explain how comparative law can be used to understand different legal systems of the world; • distinguish and identify key features and institutes of the major legal system (including mixed jurisdictions); • review and summarize recommended academic papers; • coherently state and reason one's own theses in English regarding the issues of the course.

Learning Objectives

The course aims at introducing the students the major approaches of ‘traditional’ comparative law, its functions, aims, methods and history. It also intents to survey the main features of the major legal families of the world (civil law, Anglo-American common law, non-Western legal traditions in Asia, Sharia, and mixed jurisdictions), so that the students would have the 'map' of the world’s legal systems. Finally, the course introduces comparative legal studies of today's globalized world with extended methods of ‘postmodern’ comparative law (contextualised approach to legal systems and institutes).

Expected Learning Outcomes

After completing the course students are expected to be able to coherently state and reason one's own theses in English regarding the issues of the course
After completing the course students are expected to be able to define basic concepts of comparative law discipline
After completing the course students are expected to be able to distinguish and identify key features and institutes of the major legal system (including mixed jurisdictions)
After completing the course students are expected to be able to explain how comparative law can be used to understand different legal systems of the world
After completing the course students are expected to be able to review and summarize recommended academic papers

Course Contents

What is comparative law
Comparative law on macro-level
The civil law in continental Europe
Variety of civil law systems in Europe
The common law in England and the USA: related yet different
Key institutes of the English substantive law
Mixed Jurisdictions (Hybrid legal systems)
Muslim law and Sharia
Chinese and Japanese legal tradition and its change
Global comparative law

Assessment Elements

Аbstract
Oral exam
Cumulative

Interim Assessment

2024/2025 1st module
Аbstract*0,2
2024/2025 2nd module
Oral exam*0,3+Cumulative*0,5

Bibliography

Recommended Core Bibliography

Kischel, U., & Hammel, A. (2019). Comparative Law (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2032077

Recommended Additional Bibliography

Caenegem, R. C. van. (2002). European Law in the Past and the Future : Unity and Diversity Over Two Millennia. Cambridge: Cambridge University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=73957
Dicey, A. V. 1835-1922. (1902). Introduction to the study of the law of the constitution. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.F16AD812

Authors

POLDNIKOV DMITRIY YUREVICH
Chernushina Vera Olegovna

Bachelor’s Programme 'Jurisprudence: Digital Lawyer'

Introduction to Comparative Law