Comparative Law PG (11465.1)

The topics studied in this unit will include:
- the philosophies, roles and methodologies of comparative law and the debates to which they have given rise and historical themes relevant to current comparative law;
- classification of the world's legal systems and their key features;
- comparative study of one or more discreet areas of law, such as:
(i) contract law, law of obligations property law and civil law generally,
(ii) commercial or corporate law,
(iii) constitutional law, criminal law and procedure and public law generally;
- legal systems within legal systems - plurality of law with respect to indigenous, customary and religious legal systems, and hybrid legal systems; and
- present and future trends in comparative law, such as globalisation, convergence, legal integration, unification and/or harmonisation of law.

This unit may be co-taught with an undergraduate version of the unit.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Explain the philosophies, roles and significance of comparative law;
2. Compare and differentiate the principal legal traditions of the world from historical and contemporary perspectives;
3. Appraise current issues in one or more selected areas of law, which might include: (i) contract law, law of obligations property law and civil law generally, (ii) commercial or corporate law, (iii) constitutional law, criminal law and procedure and public law generally;
4. Theorise about future directions in the international development of law and legal systems based on an analysis of the present and future trends in comparative law; and
5. Undertake and present advanced comparative research into contemporary law and policy topics, and the likely future directions of other legal systems.

Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - communicate effectively in diverse cultural and social settings
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - be self-aware
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. UC graduates are lifelong learners - evaluate and adopt new technology
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline

Prerequisites

This unit is only available to students in the Juris Doctor, Master of Laws and Master of Legal Studies courses.

Students must have passed 11431 Foundations of Law and Justice G (or equivalent) AND 18 credit points of other Law units at undergraduate, graduate or postgraduate level.

Corequisites

None.

Incompatible units

None.

Equivalent units

None.

Assumed knowledge

None.