| CODE | CVL1000 | ||||||||||||
| TITLE | Comparative Legal Systems and Legal Pluralism | ||||||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||||||
| MQF LEVEL | 5 | ||||||||||||
| ECTS CREDITS | 4 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | This study-unit provides an understanding of the methods of comparative law and how these can be applied to enhance students鈥 knowledge of major 鈥榃estern鈥 private and public legal systems, both historical and contemporary. These systems will be compared to one another and also to 鈥渘on-Western鈥 systems, such as the Islamic legal system. This study-unit aims at giving students an introduction to: historical and comparative legal sources; legal pluralism, receptions, and transplants; various forms of legal imperialism and the responses they provoked; the development of common and national laws, the nation-state, and legal nationalism. Particular emphasis will be placed on the continental and Anglo-American legal traditions and also on understanding mixed jurisdictions, such as the Maltese. On successful completion of the study-unit, a candidate should: have a firm knowledge and understanding of the subject; be capable of utilising a wide range of learning and research tools and be skilled in presenting publicly and in writing complex ideas and arguments on the subject. He/she should be capable of developing an advanced understanding of the subject through independent research. Learning Outcomes: 鈥 The first section of the study-unit will provide the student with a general overview of the historical and contemporary plurality of law as understood in comparative legal history and comparative law. 鈥 In the second section, the student will then be exposed to the concept of 鈥榣egal pluralism鈥 as employed in the social sciences, especially anthropology. 鈥 In this way, the student will be familiarised with: - the historical movement in Western law from normative and legal plurality to the unity of national laws under the modern state; - modern Western legal traditions and the varieties of contemporary legal hybridity around the world; and - the complex interrelationship between the official laws of the modern states and the unofficial laws and social norms of the wider society. 鈥 These insights should serve to develop the student鈥檚 theoretical knowledge of law鈥檚 complexities as well as more immediately practical skills of critical thinking essential to the practice of law. Selected Bibliography: Required text: 鈥 K Zweigert and H K枚tz 鈥淚ntroduction to comparative law鈥 3rd Edition, 1998 Additional useful texts: 鈥 JH Baker 鈥淎n introduction to English legal history鈥 4th Edition, 2002 鈥 DR Coquillette 鈥漈he Anglo-American legal heritage鈥 2nd Edition, 2004 鈥 R David 鈥淢ajor legal systems of the world today鈥 1985 鈥 P Fitzpatrick 鈥淟aws of the Postcolonial鈥 1999 鈥 M Ganado 鈥楳alta: A Microcosm of International Influences鈥 in 脰r眉c眉, E, Attwooll, E and Coyle, S (eds) 鈥淪tudies in Legal Systems: Mixed and Mixing鈥 1996 鈥 MA Glendon et al 鈥淐omparative legal traditions鈥 1994 鈥 MA Glendon 鈥淐omparative legal traditions in a nutshell鈥 1999 鈥 HP Glenn 鈥淟egal traditions of the world鈥 2nd Edition, 2004 鈥 HP Glenn 鈥淥n common laws鈥 2005 鈥 JM Kelly 鈥淎 short history of Western legal theory鈥 1992 鈥 U. Mifsud Bonnici 鈥淎n introduction to comparative law鈥 2004 鈥 OF Robinson, TD Fergus, and WM Gordon 鈥淓uropean legal history: sources and institutions鈥 3rd Edition, Oxford University Press, 2000. ISBN 978-0406913609 鈥 PJ Stein 鈥淩oman law in European history鈥 1999 鈥 RC Van Caenegem 鈥淛udges, legislators & professors鈥 1987 鈥 RC Van Caenegem 鈥淭he birth of the English common law鈥 2nd Edition, 1988 鈥 RC Van Caenegem 鈥淎n historical introduction to private law鈥 1992 鈥 DG Watkin 鈥淎n historical introduction to modern civil law鈥 1999 鈥 F Wieacker 鈥淎 history of private law in Europe鈥 1995 Articles to consult: 鈥 Journal of Legal Pluralism and Unofficial Law, which can be found at: http://www.jlp.bham.ac.uk/articlesindex.htm Further online articles: 鈥 M. R. Anderson 鈥淚slamic Law and the Colonial Encounter in British India鈥, WLUML (Women Living under Muslim Laws) Occasional Paper No. 7, 1996: http://www.wluml.org/english/pubs/pdf/occpaper/OCP-07.pdf 鈥 A. Arnaud, 鈥淟egal Pluralism and the building of Europe鈥, in the website of the European Network on Law and Society: http://www.reds.msh-paris.fr/communication/textes/arnaud2.htm# 鈥 Jarkko Tontti, 鈥淓uropean legal pluralism as a rebirth of Ius commune鈥, Retfaerd 94, 2001: http://www.jarkkotontti.net/blog/tieteilya-ja-filosofiaa/european-legal-pluralism-as-a-rebirth-of-ius-commune-retfaerd-942001/ 鈥 William W. Burke-White, 鈥淚nternational Legal Pluralism鈥, Michigan Journal of international Law, Vol. 25 no. 4, 2004: http://students.law.umich.edu/mjil/article-pdfs/v25n4-burke-white.pdf |
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| STUDY-UNIT TYPE | Lecture and Seminar | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Ignazio Castellucci Ibtisam Sadegh Mark A. Sammut David E. Zammit |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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