European Civil Law

This subject offers students an opportunity to critically examine in detail a major legal family that is radically different from the common law. Class based discussion of the core features of the (European) civil law is built upon through independent and in-depth research exercises into selective aspects of this major family of law in the Western world today. This subject allows students to gain a deeper, and integrated, understanding of Australian law and, more generally, critically reflect upon the common law against a contemporary backdrop of globalisation. The growing importance of the legal order of the European Union will be a particular feature of examination as will be the current state of play as regards the scholarly debates concerning the various theories of convergence and divergence between legal systems. With respect to the latter, writings by outspoken scholar and critic Pierre Legrand will be scrutinised.