The course, comparative law deals with the study of the differences and similarities between laws or legal systems of different countries. With the present day increase in economic globalisation, internationalism, democratization and international politics, comparative law has become an indispensable course of study for all law students. The essence of the course is the act of comparing the law of one country to that of another. A good knowledge of comparative law can be a vital portal to a foreign culture. The insights gathered can be usefully illuminating the inner workings of a foreign legal system. These insights can be applied to our own legal culture, helping illuminate different perspectives that may yield deeper understanding of our legal order. Comparative law helps to recognise problems and find model solutions without having to rely solely on one’s own experience and imagination. Foreign jurisdictions often develop different approaches to a particular social problem and different experience with these approaches. Comparative law prevents the narrow-mindedness which blinds law students to the possibility that legal questions could be solved, or even approached, differently than in their own legal system. It can be a means of interpreting national law. Comparative law can provide us with formal source of law in our legal system.
Objective of the Course:
The main objectives of this course are:
1. to introduce students to comparative law
2. to explain methodology of comparative law
3. to identify and discuss legal families and traditions
4. to explain comparative business law and comparative criminal law
5. to examine some notable case studies in comparative law
6. to identify contemporary issues in comparative law
Learning Outcomes:
After a successful study of the law of contract, the students are expected to learn the following at the end of the course:
1. students should be able to explain comparative law
2. students should be able to discuss 3 methodologies of comparative law
3. students are expected to identify and discuss 3 legal families and traditions
4. the students should be able to explain comparative constitutional law
5. students should discuss comparative business law and comparative criminal law
6. students are expected to review and analyse at least 3 notable case studies in comparative law
7. the students are expected to examine at least 3 contemporary issues in comparative law
Course Contents:
To be able to achieve the objectives of this course, students should navigate through the following course contents:
· Definition and objectives of comparative law
· The relevance of comparative law in today’s world
· Historical development of comparative law
· The comparative method and its different approaches
· Criteria for selecting legal systems for comparison
· Importance of language in comparative law
· Sources of comparative law (primary and secondary sources)
· Major legal families and traditions (including civil law, common law and Islamic law). Comparison of these legal systems in terms of their origins, evolution and characteristics
· Comparative analysis of specific legal institutions within these legal systems (such as contract law, property law, and tort law)
· Comparative analysis of constitutional principles and concepts (such as separation of powers, federalism and human rights)
· Comparison of different models of constitutional design and their impacts on political systems
· The role of courts in interpreting and applying constitutional principles in different legal systems
· Comparison of legal regimes governing business entities (such as corporations, partnership and sole proprietorship)
· Comparative analysis of laws regulating commercial transactions (such as contract law, secured transactions and intellectual property law)
· The role of international trade agreements in shaping the legal framework for cross-border commerce
· Comparison of criminal justice systems in different legal traditions (including common law and civil law)
· Analysis of the different models of criminal procedure (including adversarial and inquisitorial systems)
· Comparison of substantive criminal law in different jurisdictions, focusing on offences such as homicide, theft and drug offences
· Current debate in comparative law (such as the clash of legal cultures, globalisation of law and
· Emerging areas of comparative law (such as comparative environmental law and comparative health law)
· Critical perspectives on comparative law (including post-colonial and feminist critiques)
· Analysis of landmark cases in comparative law (such as Lochner v. New York; Marbuy v. Madism and Rose v. Wade
· Comparative analysis of recent cases in different jurisdiction, lighting similarities and difference in legal reasoning and outcomes
In-depth study of specific legal systems or issues (such as Islamic law, Chinese law or EU law)- Teacher: Haruna Hassan