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Comparative Law is the study and understanding of different systems of law both as an end in itself and as a means of better understanding the "home" jurisdiction. In an increasingly globalised world, it is fundamentally important to understand the variety of approaches to law that exist and to understand that our own approach is merely one of many. This course provides a basic introduction to the methods of comparative law and a brief overview of key differences in the world’s various legal systems. Case studies will provide a deeper understanding of selected overseas jurisdictions and aspects of law. Students who study this course will be well equipped to face the increasingly globalised nature of law and society.
LAWS368 aims to provide students with an understanding to the foundations of comparative law in practice and in theory. In an increasingly globalised world, it is important for law graduates to understand the place of New Zealand law alongside other legal systems, and provide a basic introduction to comparative legal studies for those who wish to work as lawyers outside New Zealand. This course begins by considering what is comparative law; exposing students to selected theories, methods and challenges of comparative legal studies. Students will be introduced to the main legal traditions or legal families existing in the world, including drawing relevant contrasts and similarities between civil and common law systems, and highlighting the role of indigenous and customary legal systems. The latter part of the course will include an examination of regional approaches to law (including Latin America and the Pacific Islands) and specific case studies in comparative law, to illuminate the challenges inherent in comparative legal studies across a range of countries from the Asia/Pacific, Europe, Africa and the Americas. Case studies will be thematically chosen, and may include topics as diverse as: the impact of political federalism in comparative contexts; comparative approaches to contemporary environmental challenges such as natural resource depletion and climate change; administrative oversight mechanisms such as the Ombudsman; and the importance of indigenous and customary approaches law.
By the end of the Comparative Law course students will be able to undertake the following:Comparative TheoryExhibit an understanding of the concept of comparison in legal studyCritique the idea of comparative lawUnderstand the potential problems inherent in comparative study Comparative MethodologyExhibit an understanding of comparative methodUndertake comparative researchApply comparative method and theory to practical examplesPlace such research in a wider theoretical contextAvoid the pitfalls of comparative methodComparative UnderstandingShow an understanding of the particular difference in approach in selected legal systemsUnderstand why such approaches differOffer a critique of legal solutions to particular problemsDiscuss the New Zealand legal system in relation to other legal systems.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
Employable, innovative and enterprising
Students will develop key skills and attributes sought by employers that can be used in a range of applications.
Biculturally competent and confident
Students will be aware of and understand the nature of biculturalism in Aotearoa New Zealand, and its relevance to their area of study and/or their degree.
Globally aware
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
(i) LAWS101 and (ii) LAWS110
LAWS202 - LAWS206
John Hopkins and Elizabeth Macpherson
Assessment for this course will include a seminar portfolio, research paper, review essay and a major research essay.
Domestic fee $806.00
International fee $3,775.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .