Comparative Law Theory (LAW458H1S)

At a Glance

Second Term
Credits
3
Hours
2
SUYRP
Perspective course
ICT

Enrolment

Maximum
25
19 JD
6 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 10:30 - 12:20
Instructor(s): Catherine Valcke

This course can be used to satisfy either the Perspective or the International/Comparative/Transnational perspective course requirement but not both.

This course sits at the intersection of legal theory and comparative law, as it seeks to explore the theoretical underpinnings of comparative law as an academic discipline. Among the specific questions to be studied and discussed are: What are the aims of comparative legal studies? What methodology should comparative legal studies follow? What is meant by “comparison” in a legal context? What exactly is being compared and by what standard(s)? What does comparative legal scholarship reveal about the nature of law, legal rules, and legal systems? What are the particular epistemological, hermeneutic, pedagogical, institutional challenges posed by comparative law? The discussion will draw on materials from legal theory and private comparative law, in particular, common law and civil law contracts scholarship. No prior expertise in any kind of legal theory is required.

Evaluation
40% class participation, which includes attendance, input into discussion, and a weekly 300 word comment on the readings assigned for class; 60% final paper (2500-3000 words) on one of three topics assigned by the instructor. A maximum of 3 students may complete a Supervised Upper Year Research Paper.