Bachelor
2024/2025
Research Seminar "Introduction to Comparative Law"
Type:
Elective course (Law)
Area of studies:
Law
Delivered by:
School of Theory of Law and Comparative Law
Where:
Faculty of Law
When:
2 year, 4 module
Mode of studies:
offline
Open to:
students of one campus
Instructors:
Dmitry Poldnikov
Language:
English
ECTS credits:
3
Course Syllabus
Abstract
This introductory course on comparative law is designed especially for undergraduate second-year students who are interested in studying major foreign legal systems and possess a solid knowledge of English but have an educational background limited to the first- and second-year curriculum at the faculty of law. The course, firstly, 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), secondly, it maps the world’s legal systems, and, thirdly, it introduces basic research methods of traditional comparative law (functional comparison of major legal systems) 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 general legal theory, foreign and Russian legal history, Roman law, Russian constitutional, administrative, civil, and criminal law. Students are expected to learn essential legal English vocabulary, 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. 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.This course belongs to the series of general courses of the "40.03.01. Jurisprudence" / Jurisprudence: private law” program, along with general legal theory and foreign legal history. At the same time, it allows students to understand better the courses on particular branches of Russian law, in particular, constitutional, civil, and criminal law.
Learning Objectives
- 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 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 todistinguish and identify key features and institutes of the major legal system (including mixed jurisdictions);
- After completing the course students are expected to be able toreview and summarize recommended academic papers
- After completing the course students are expected to be able tocoherently state and reason one's own theses in English regarding the issues of the course.
Expected Learning Outcomes
- 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.
Course Contents
- What is comparative law.
- Topic 2 – Legal families and major legal systems in today’s world.
- The civil law in France and Germany.
- The formation of the civil law family in Europe and Latin America.
- Westernized East Asian law in Japan, Korea, and Taiwan.
- Anti-Western East Asian law in the People’s Republic of China.
- Common Law and Hinduism in the Republic of India.
- Muslim law and Sharia in the Middle East.
- Transnational and hybrid legal orders.
Assessment Elements
- АbstractAbstract or Reference paper (реферат) An abstract (synopsis) is a brief summary of the main content of one or more academic publications (monographs, chapters of a monograph, articles or series of articles). The researcher often prepares an abstract in the process of studying a particular topic in order to understand the existing theoretical base, determine the state of study of the chosen problem, identify not only achievements, but gaps, stereotypes and other shortcomings of scientific knowledge. Ideally, the abstract includes a combination of two main components: 1) The first is the correct transfer of the main parameters of the research project of the refereed work (relevance, problem, theoretical base, sources, purpose and objectives of the study, methods for their solution, work plan, main results of the study, their novelty and significance). 2) The second is a critical assessment of the research undertaken by the author of the reviewed work (how relevant is the chosen topic and the problem posed, is the theoretical basis fully presented, are the selected sources and research methods sufficient to solve the problem, how new and significant are the results obtained, the adequacy of the work plan to the goal of the research, how it is possible to supplement or correct the identified shortcomings in the research project and its implementation). Only a combination of the two named components allows the author of the abstract to draw a conclusion about the place of work in current scientific knowledge on the selected issue. The recommended length of the abstract is from 5 to 7 pages in Times New Roman, 12 pt (excluding the bibliographic list of sources, literature, reference resources, etc.). The list below enumerates the topics for abstracts. This list is not exhaustive. A student can formulate the topic of the abstract on his / her own, subject to its prior approval by the instructor.
- Oral examOral examination: each student will receive to questions from the list below in order to prepare his / her answer during up to 30 minutes and to present his / her answer to the instructor orally within 10 to 15 minutes. Details of this type of examination are stipulated by the regulations of the HSE University.
- CumulativeThe cumulative evaluation is based on attendance, active participation and in-class discussion during seminars. The students will be evaluated on their performance during the seminars. Each student is expected to attend all the seminars and lessons and being prepared on the topic of the lesson in advance. The students must have previously studied in depth the assigned material. The knowledge of the students will also be assessed in the class on the ground of his/her active/inactive participation in discussions. A proactive participation will be positively evaluated as well as asking inherent questions and make analytical comments about the assignments.
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
- The method and culture of comparative law : essays in honour of Mark Van Hoecke, , 2014
Recommended Additional Bibliography
- The English legal system, Slapper, G., 2004