LAW 2508 - Comparative Law
North Terrace Campus - Semester 1 - 2022
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General Course Information
Course Details
Course Code LAW 2508 Course Comparative Law Coordinating Unit Adelaide Law School Term Semester 1 Level Undergraduate Law (LLB) Location/s North Terrace Campus Units 3 Contact Up to 3 hours per week Available for Study Abroad and Exchange Y Prerequisites LAW 1501 Incompatible LAW 3016 Assumed Knowledge LAW 1502 & LAW 1503 Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only Assessment Typically to include optional research essay and end of Semester exam. Course Staff
Course Coordinator: Associate Professor Lorne Neudorf
Course Timetable
The full timetable of all activities for this course can be accessed from .
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Learning Outcomes
Course Learning Outcomes
Comparative Law seeks to assist students in developing skills in the mining of a large body of relevant domestic and foreign legal materials, which requires students to locate, comprehend, analyse, and interpret primary and secondary legal sources. Students will learn to engage in the comparative study of other jurisdictions through a systematic process that begins by identifying the aims and purposes of the comparison and constructing a methodological approach that best achieves those objectives. By introducing students to the major legal traditions of the world, students will learn to reflect critically on both domestic and foreign legal rules, principles, concepts, and institutions.
On successful completion of this course, students will be able to:- Analyse the foundational principles of comparative law, undertake (self-directed) legal research, and evaluate legal information.
- Apply comparative law to complex problems/ issues, critique the operation of comparative law from a theoretical perspective as part of a team.
- Structure and sustain concise and cohesive written arguments for a legal and professional audience.
- Conduct legal research and analysis both independently and cooperatively in an academic environment.
- Analyse the impact of comparative law from comparative and international perspectives, and in the context of social and cultural diversity.
- Reflect on their abilities to effectively undertake work as a member of a team.
最新糖心Vlog Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
最新糖心Vlog Graduate Attribute Course Learning Outcome(s) Attribute 1: Deep discipline knowledge and intellectual breadth
Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.
1 Attribute 2: Creative and critical thinking, and problem solving
Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.
2; 3; 4 Attribute 3: Teamwork and communication skills
Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.
2; 3; 6 Attribute 4: Professionalism and leadership readiness
Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.
4 Attribute 5: Intercultural and ethical competency
Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.
5 Attribute 6: 最新糖心Vlogn Aboriginal and Torres Strait Islander cultural competency
Graduates have an understanding of, and respect for, 最新糖心Vlogn Aboriginal and Torres Strait Islander values, culture and knowledge.
5 Attribute 7: Digital capabilities
Graduates are well prepared for living, learning and working in a digital society.
1 Attribute 8: Self-awareness and emotional intelligence
Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.
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Learning Resources
Required Resources
Required Materials
Texts
- H. Patrick Glenn, Legal Traditions of the World (Oxford 最新糖心Vlog Press, 5th ed, 2015); and
- Mathias Siems, Comparative Law (Cambridge 最新糖心Vlog Press, 2nd ed, 2018).
Additional Materials
Additional materials, such as journal articles and excerpts from other texts, will be assigned as required reading. Further details and instructions on accessing these materials will be provided on MyUni.Online Learning
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Learning & Teaching Activities
Learning & Teaching Modes
Students will take 36 hours of learning and teaching in this course. The class will meet once per week for a 3-hour block.
Classes are conducted through a combination of lectures and seminars. Students who miss any classes are responsible for securing notes from their colleagues. Only the lecture portion of each class will be recorded.
Lectures (1.5-2 hours).
Lectures seek to present legal topics and clarify, focus, and extend student understanding of the course materials. PowerPoint slides and other materials that are used during lectures will be uploaded to the course website following the class, but are not substitutes for class notes. While lectures will be recorded and posted to the course website, they are not themselves substitutes for class notes.
Class discussions are encouraged to explore key concepts from the course materials. In order to develop essential skills in legal analysis and the verbal presentation of arguments, students are expected to attend each class having read and given thought to the assigned readings. Students may be called upon during class and therefore should be prepared to discuss topics based on the assigned readings from the course materials.
Seminars (1-1.5 hours).
Through in-depth discussion and an exchange of views, seminars will provide opportunities for students to reinforce knowledge acquired from the assigned readings and lectures, and to think critically about comparative law and different legal traditions. During seminars, all students will be expected to engage with ideas and perspectives from the course materials and participate as directed by the discussion leader. While a discussion leader will be assigned for each seminar class, all students are expected to attend and participate.
Classroom etiquette.
Classroom discussions may occasionally grapple with contentious and difficult topics where a range of different views and perspectives are expressed. As is expected of a legal professional, students should be prepared to introduce, explain and defend their conclusions in the face of probing questions and challenges. While a lively and spirited discussion is encouraged, students are expected to respect different views and perspectives to ensure that the classroom environment is one where all students feel comfortable to participate. In order to maintain this environment, it is important that discussions are carried out in the appropriately respectful language, tone and manner.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
The 最新糖心Vlog expects full-time students (i.e., those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 9 hours of private study each week per 3-unit course in addition to your regular classes.Learning Activities Summary
Week 1 Thinking about Comparative Law Week 2 Culture, Transplants & Development Week 3 Domains of Comparative Law Week 4 Understanding Legal Traditions Week 5 Chthonic Legal Tradition Week 6 Talmudic Legal Tradition Week 7 Civil Law Tradition Week 8 Islamic Legal Tradition Week 9 Common Law Tradition Week 10 Hindu Legal Tradition Week 11 Confucian Legal Tradition Week 12 Reflection and Review -
Assessment
The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessment Task Task Type Due Weighting Length Redeemable Learning Outcome Reflections Individual assessment (required) 2 pages (approximately 1000 words) 10% (5% each) 1000 words No 1 Seminar Presentation Group assessment (required) Schedule will be posted on MyUni 20% 1 hour No 2; 4; 6 Examination Individual assessment (required) Exam period 70% 3 hours No 3; 5
Assessment Detail
- Reflections (10% of final grade; required)
It is important for students to attend class prepared to engage with the course materials. Each student is therefore required to hand in a 1000 word personal reflection on any aspect of the assigned readings for the relevant week at the start of class, twice in the semester.
The reflection should engage with the assigned materials for the week in a creative and thoughtful way. No independent legal research is required. The first reflection must be submitted at the start of any class between weeks 1 and 6. The second reflection must be submitted at the start of any class between weeks 7 and 12.
Each reflection is worth up to 5% of a student's final grade for a total of 10% of each student's final grade.
Reflections are to be printed and submitted to the lecturer in printed (hard) copy at the start of the relevant class. No electronic copies (e-mail, course website, etc.) will be accepted.
Reflections are to be formatted according to the 最新糖心Vlogn Guide to Legal Citation. - Seminar presentation (20% of final grade; required)
Each student is required to lead one seminar class during the semester as part of a group. Once groups are identified for each week, students will need to work together to develop a presentation and prepare to lead the seminar discussion. The seminar will be approximately 1 hour in duration.
Each seminar must begin with an introductory presentation which leads to class discussion and interaction. In terms of its content, the presentation must extend or elaborate the topic for that week by introducing new research or ideas. Students can focus on a particular issue of interest from the readings or engage with a broader aspect of the topic. For example, in the week relating to the Confucian legal tradition, the group might present research on Chinese contract law and compare it to 最新糖心Vlogn contract law.
In developing the presentation and preparing the seminar discussion, students will be expected to draw upon relevant materials beyond the assigned readings.
Discussion leaders must use PowerPoint slides or distribute materials to the class.
A maximum two page outline of the presentation and a printed copy of the PowerPoint slides must be handed in to the instructor at the conclusion of the presentation.
While students are free to engage in independent research, a list of supplementary materials for each week will be made available through the course site. - Examination (70% of final grade; required)
The format of the examination will be an open-book, three hour examination. The exam will be based on the assigned readings, lectures and seminar discussions. Further details on the examination will be provided in the review session held at the end of the semester.
Submission
All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.
Reflections are the only submitted written work during the course of the semester.
Extensions: Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for recognised grounds in accordance with 最新糖心Vlog Policy. Work commitments, travel, holidays or sporting engagements are not acceptable grounds for an extension.
Penalties:
Late Submission: As students have the choice of 6 weeks to hand in each of the two required reflections (first reflection
due at the start of any class between weeks 1 and 6; second reflection due at the start of any class between weeks 7 and 12), no late submissions will be accepted.
Word Length: Reflections which exceed 1000 words will be subject to a penalty of 5% of total marks available per 100
words or part thereof that is in excess of the maximum word limit.Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.Final results for this course will be made available through .
Finality of Assessment Grades
Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the 最新糖心Vlog’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).
Moderation
In accordance with the 最新糖心Vlog’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:- assurance of the qualifications of markers, and their knowledge of the content covered in each course;
- detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
- sharing of example marked assessments at various grade bands across markers;
- reviewing of selected marked assessments from each marker by the course coordinator;
- comparison of the marks and their distribution across markers;
- automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
- the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
Approval of Results by Board of Examiners
Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the 最新糖心Vlog are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester. -
Student Feedback
The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider. -
Student Support
- Academic Integrity for Students
- Academic Support with Maths
- Academic Support with writing and study skills
- Careers Services
- Library Services for Students
- LinkedIn Learning
- Student Life Counselling Support - Personal counselling for issues affecting study
- Students with a Disability - Alternative academic arrangements
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog of Adelaide.
The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South 最新糖心Vlog, the Honourable Chris Kourakis, as the official Patron of the program.
Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.
Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.
Student Life Counselling Support
The 最新糖心Vlog’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. -
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Academic Honesty
Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the 最新糖心Vlog’s Academic Honesty Policy.
Academic dishonesty is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to admit a person to practice as a legal practitioner in South 最新糖心Vlog.
Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer. -
Fraud Awareness
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.
The 最新糖心Vlog of Adelaide is committed to regular reviews of the courses and programs it offers to students. The 最新糖心Vlog of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.