LAW 2508 - Comparative Law

Students are introduced to comparative law as a method of legal enquiry, which is of significant import to the cosmopolitan lawyer who often requires knowledge of more than one legal system. Students consider the practical aims and theoretical underpinnings of the comparative legal method and examine the historical development of the process of comparing rules, principles, and institutions of different countries. Emphasis is placed on the contemporary use of the comparative method in both public and private law by legal actors such as lawyers, judges, and legislators. Students develop an international perspective by making substantive connections between the Australian common law and a range of legal traditions, questioning whether national legal systems and institutions are converging or whether differing economic, political, and social contexts preserve legal diversity.