JUS2012 Legal history and comparative law
- Number of credits10
- Teaching semester2024 Autumn
- Language of instructionEnglish
- CampusLillehammer
- Required prerequisite knowledge
No obligatory pre-requirements. However, prior knowledge of the content of the first two years of the Bachelor of law is recommended.
Legal institutions are embedded in (legal) culture and its change over time. The course will provide insight into different comparative approaches to law and give an overview on the evolution of the two main blocs of Western legal culture, the (continental) civil law and the (English and American) common law tradition, and will explore and compare some of the main Western legal systems, namely the English, the US, the German, and the French legal system. Further, it will provide insight into the modern European culture and how Western legal culture is increasingly influenced by international law. Finally, the course will discuss how the Norwegian legal system relates to European and other legal cultures.
Learning Outcome
At the end of the course, the student has achieved the following learning outcomes.
Students:
- can distinguish and apply the basic elements of the research methods of comparative law. In particular, they will understand and be able to actively use the so-called “Cultural Legal Model” for legal comparative analysis
- can reflect on the main differences of the civil law and common law tradition and how it affects some of the main Western legal cultures today
- has knowledge on some of the main characteristics of the German, the French, the English, and the US legal system, such as conflict resolution, norm production, and legal education, idea of justice, legal method, and professionalization
- understand basic elements of European legal integration and modern European legal Culture, and gain an overview over the relationship between Western legal cultures and international law
- know how Norwegian culture relates to the civil law and common law tradition and how it is influenced by different legal traditions and historical and societal contexts, and can evaluate and reflect on today’s legal methods and institutions in Norwegian law
Students:
- can identify the main structural elements and the subcategories of the legal cultural model
- can apply the legal cultural model in order to identify similarities and differences in legal cultures in Europe and the US, and by doing so compare central features in these legal cultures
- understand and can apply established legal comparative terminology and methods in English
- can critically reflect on the legal cultural model in light of other comparative law approaches
- can use the legal cultural model in combination with other approaches in comparative law, such as the functional and historical approach to legal comparative research
- can identify, describe, categorise, explain and discuss both the differences and similarities of institutionalised forms of norm production and conflict resolution as well as the prevailing ideal of justice, legal methods, the degree of and attitude towards professionalization and internationalisation of law and its impacts on the German, French, English, US, and Norwegian legal culture
- can critically evaluate the narratives of different legal traditions
- can discuss possible challenges and solutions for, but also limits of, the harmonization of legal cultures in Europe,and interpret, discuss, and develop law reforms in the Norwegian legal system
Students:
- has improved their skills in writing and communication in academic English
- can communicate to members from other legal cultures
- can identify and deal with potential challenges when working with legal professionals in an international environment
- Lectures
- Seminars
- Supervisions (veiledning)
- Written homework assignment
- Self-study
Submission and passing of an individual assignment are a requirement for admission to the exam.
| Form of assessment | Grading scale | Grouping | Duration of assessment | Support materials | Proportion | Comment |
|---|---|---|---|---|---|---|
Written examination with invigilation | ECTS - A-F | Individual | 4 Hour(s) |
| 100 |
| Name | Credits | Date | Comment |
|---|---|---|---|
JUS2007-1 Rettskildelære, sammenlignende rett og rettshistorie | 10 | ||
JUS2007-2 Western Legal Culture & Comparative History and Theory of Legal Methods | 10 |