Unit information: Comparative Law in 2024/25

Unit name Comparative Law
Unit code LAWD20001
Credit points 20
Level of study I/5
Teaching block(s) Teaching Block 2 (weeks 13 - 24)
Unit director Dr. Zwingmann
Open unit status Not open
Units you must take before you take this one (pre-requisite units)

None

Units you must take alongside this one (co-requisite units)

None

Units you may not take alongside this one

None

School/department University of Bristol Law School
Faculty Faculty of Social Sciences and Law

Unit Information

Why is this unit important?

Legal systems are diverse, reflecting the unique culture, history, traditions and values of the societies they develop in. Comparative law is the study of that diversity – it is about investigating how different societies approach and address legal issues; about examining similarities and differences in those approaches and about identifying their strengths and weaknesses.

Comparative legal analysis aims to understand the underlying principles, institutions, and practices that govern each legal system, e.g. for the purposes of law reform or for the development of legal transplants. It allows you to question the law more deeply by investigating the role legal rules play in regulating human behaviour, how the law is made and applied – and to re-consider the traditional approaches used in your own legal system as to how law ’should’ be made and / or applied.

How does this unit fit into your programme of study?

The unit is required for students on the Law and Languages degrees as well as those on the Law with Study Abroad/ with Study in Continental Europe as it provides essential preparation for studying abroad in the third year.
It will also give those hoping to enter international legal practice a deeper understanding of the complexity of the legal frameworks that shape our interconnected world, providing them with key skills that will help them navigate the complexities of cross-border transactions, international law, and global issues.

Your learning on this unit

An overview of content
The unit is not about the study of foreign legal systems. Instead, it aims to introduce you to comparative law as a discipline and to give a basic grounding in key features especially of the Common law and Civil law tradition. You will be introduced to including, but not limited to, the historical origins of those legal traditions, comparative law methodology, sources of law, the role of courts, and the structure and development of legal principles from key areas of private and public law to reflect the expertise of the teaching team.

How will students, personally, be different as a result of the unit?
By asking you to compare and contrast different legal approaches to similar issues, Comparative law will help you to develop both a more nuanced understanding of legal principles, especially those of your own legal system, as well as a more inclusive and open-minded approach to solving legal problems, an important skill when dealing with diverse clients, colleagues, and legal issues in an increasingly multicultural world.

Learning Outcomes
After completing this unit, you will be able to:

  1. Compare and contrast key concepts of Comparative law as a discipline and key features especially of the Common and Civil law tradition and use them to analyse specific legal issues presented in theoretical or practical scenarios;
  2. Evaluate the strengths and weaknesses of approaches to legal problems in the areas of private and public law developed in different legal systems, using comparative law methodology where appropriate;
  3. Identify relevant legal sources of another legal system and research relevant legal literature in order to interpret, analyse and/or apply according to the rules and customs of the legal tradition to which they belong;
  4. Evaluate how lawyers use distinctive technical language to express legal concepts and rules and their underlying cultural values
  5. Use theoretical frameworks to question more deeply the law’s purpose in regulating human behaviour and to investigate how it shapes typical patterns and contingencies in the relationship between law and society.

How you will learn

Teaching in this unit will be delivered through a combination of asynchronous activities (learning that is not timetabled, although you may need to complete some work within certain timescales) and synchronous sessions (timetabled classes). Asynchronous activities may include videos, podcasts, directed reading and other self-study, and interactive tasks such as self-test questions and discussion board engagement. Synchronous sessions will consist of small-group seminars and lectures/ larger-group sessions. You are expected to have prepared for synchronous sessions as directed and be willing to engage actively with your peers and academic tutor for both seminars and lectures. This is a research-led coursework unit, intended to develop your own research skills. Please explore the materials set as essential reading to use them – or the material listed under ‘further reading’ or in the unit guide – as a springboard to undertake some further independent research on particular topics. Appropriate deeper engagement of this nature will be recognised in the marking of your summative coursework assessment.

How you will be assessed

Tasks which help you learn and prepare you for summative tasks (formative):

The formative assessment opportunities on this unit comprise one piece of formal formative assignment as well as informal formative assessment:
The formal formative assignment will consist of a planning and/ or writing task based on a summative assessment question from a previous year. The word limit will be 600 words maximum. Students will have the choice between creating an essay plan and writing a draft introduction to the set question OR completing a piece of analytical writing on an issue raised by the set question. This can be e.g. a critique on a foundational topic like key concepts or methodology or an element of comparative analysis (the specific task will be determined by the Unit coordinator in each year)
Students will submit the assignment halfway through the teaching block and receive individual written feedback and a mark. General feedback will be provided after the individual feedback is released and before the summative assessment is released.
Additional formative assessments/opportunities may be set within seminars and e.g. large group sessions, providing the opportunity to develop skills and prepare and evaluate answers. Further formative opportunities are available through Blackboard (including the discussion forums) and consultation hours.

Tasks which count towards your unit mark (summative):

The summative assessment consists of one 3000 word researched Coursework essay. Students will have the choice among at least 3 questions, out of which they have to answer one. Among the questions to choose from may be questions on comparative law foundations like legal traditions, methodology, transplants, etc.; and/ or questions requiring an actual comparative analysis on one of the areas of substantive comparative law taught in seminars (this may include, but is not limited to, e.g. contract law, tort law, constitutional law).
Students are required to conduct their own independent research in order to identify legal sources as well as academic literature relevant for a detailed analysis of the issues raised by the question they choose to work on. This assessment will cover all Intended Learning Outcomes for this unit.

When assessment does not go to plan
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis. The Board of Examiners will consider all cases where students have failed or not completed the assessment required for credit in the usual way.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD20001).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the University Workload statement relating to this unit for more information.

Assessment
The assessment methods listed in this unit specification are designed to enable students to demonstrate the named learning outcomes (LOs). Where a disability prevents a student from undertaking a specific method of assessment, schools will make reasonable adjustments to support a student to demonstrate the LO by an alternative method or with additional resources.

The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates within the Regulations and Code of Practice for Taught Programmes.