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WHAT IS COMPARATIVE LAW AND WHY STUDY IT? Sir Otto Kahn-Freund:”The trouble is that the subject …has by common consent the somewhat unusual characteristic that it does not exist.”
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Comparative Law Spring 2002Professor Susanna Fischer
CLASS ONEINTRODUCTION TO COMPARATIVE LAW
WELCOME TO COMPARATIVE LAW!
IntroductionsWhat is comparative law and why study comparative law? Outline of This CourseAssigned reading for today: Article by Otto Kahn-Freund
WHAT IS COMPARATIVE LAW AND WHY STUDY IT?
Sir Otto Kahn-Freund:”The trouble is that the subject …has by common consent the somewhat unusual characteristic that it does not exist.”
WHAT IS COMPARATIVE LAW?Kahn-Freund: “Not a topic, but a method…
common name for a variety of methods of looking at law.” We will focus more on comparing systems/traditions than comparing substantive lawWe will focus primarily on comparing 2 common law systems (England and the United States) with 2 civil law systems (Germany and France), but will also devote some attention to non-Western legal traditions, e.g. chthonic law, islamic law, asian law
COMPARING LEGAL SYSTEMS: TOPICS
History/culture/geographical distribution of systemLegal institutions – e.g. courtsSources of law – e.g. legislation, constitution, customLegal actors – e.g. avocats, barristers, judgesLegal educationProcedure – civil ,criminal, administrative
WHAT IS COMPARATIVE LAW AND WHY STUDY IT?
Professional Purpose – help lawyers to work in a global village Cultural Purpose – broaden perspectives, give comparative insights into our own legal system Scientific Purpose – universal legal truths, harmonization of legal rules Reform Purpose – helps us to make changes to our own legal system
THIS COURSE3 Handouts – Class Home Page, Course Outline, Reading List (for Week 1) – all available online by going to http://www.law.edu/faculty/fischer and clicking on Comparative Law Spring 2002Home Page has some helpful resources on it
COURSE OUTLINEMake sure you read this carefullyRequired Books/Preparing for ClassAttendance/Class ParticipationExams and GradingFinal Exam – 75% of gradeWeb Project – 25% of gradeOther Assignments/ExercisesProhibition of recording without prior consentClass Listserv – you are required to send me an e-mail by Friday so I can set this up
CONTACTING ME/OFFICE HOURS
Mondays – Room 412 10:30-11:30 a.m. or by appointmentTelephone: 202-319-5568 or e-mail: [email protected]
Required Reading for WednesdayBasil Markesinis, Comparative Law – A Subject in Search of an Audience, 53 Modern Law Review 1-21 (Jan. 1990)
