LGLS 138B: Science on Trial

LGLS 124b: Comparative Law and Development Spring, 2018

Daniel L. Breen Office: Brown Hall, 324 Office Hours: Mondays through Thursdays, 10:30-2 781-736-3024 E-mail: [email protected]

This a survey class, designed to introduce students to the comparative study of law. In other words, our purpose throughout the semester will be to engage with a certain kind of methodology, by which various legal systems and doctrines are considered with a view towards understanding their differences, finding their similarities, and using this knowledge to gain a more nuanced grasp of the nature of law. Along the way we will have the chance to consider such topics as the differences between common law and civil law systems, the growth of modern legal traditions through such IGOSs as the European Union and the World Trade Organization, and the distinct approaches to such matters as domestic relations, employment law and reproductive rights taken by diverse legal systems throughout the world.

The class will be directed towards several goals. By the end of the semester, students will understand the comparative method of the study of law, appreciating its advantages and its limitations; possess a nuanced range of knowledge about the differences between the most prevalent systems of law in Europe, North America, Asia and Africa; and have the skills to evaluate legal rules wherever they might live with reference to rules in effect in other systems around an increasingly integrated world.

Required Text

Schlesinger, Comparative Law (7th Edition) This text is available as a rental.

Course Requirements

Three Essays, 6-8 pages each (60%) Final Exam (25%) Attendance and Class Participation (15%) Class Schedule

January 10: Introduction: A Comparative Law Case Study

Jan. 17: The Study of Comparative Law TEXT: 1-31

Jan. 18: Comparative Law in the Domestic Context TEXT: 52-69

Jan. 22-24: Global Legal Integration: Common Ground in Systems of Law TEXT: 69-125

Jan. 29-31: What is Law Anyway? How do we Know it When we See it? TEXT: 125-177

First Essay Due: Feb. 5.

Feb. 5-7: The Spread and Diffusion of Law TEXT: 177-223

Feb. 12-14: Legal Transplants and Legal Pluralism TEXT: 223-282

Feb. 19-23: VACATION

Feb. 26-28: The Development of Legal Traditions: China and the Civil Law TEXT: 282-362

March 5: Islamic Law TEXT: 362-384

March 7-12: The Age of Codification TEXT: 385-477

March 14: Introduction to the Common Law

Second Essay Due: March 14

March 19-21: Case Law and the Civil Law Tradition TEXT: 477-563 March 26-28: Judicial Interpretation of Codes TEXT: 563-628

March 30-April 6: VACATION

April 9-11: A Comparative Approach to the Legal Profession TEXT: 628-707

April 16-18: A Comparative Approach to Issues of Private Law TEXT: 864-920

Third Essay Due: April 23

April 23: Final Thoughts on Comparative Law

FINAL EXAM: TBA Success in this four credit class is based on the expectation that students will spend a minimum of nine hours per week in preparation for class (readings, papers and preparation for exams).