Course 2024-2025

Comparative law and English legal terminology [DROIB310]

  • 6 credits
  • 45h+6h
  • 1st quarter
Language of instruction: French / Français

Learning outcomes

At the end of the course, students will be able to :
  a.    Introduce the student to the basic concepts and modes of reasoning used in other legal traditions (in particular by Common Law judges);
  b.    Familiarise the student with the fruitfulness of the comparative approach and the methodological problems it raises;
  c.    Acquire and mobilise linguistic knowledge of English legal terminology, at least in a receptive manner (B2);
  d.    Link a legal analysis in (private or public) law to a cultural and social environment, in order to reflect on the law and its relative character.

In addition to these legal skills, students must also acquire cross-disciplinary skills :
  a.    Defending a point of view in an argumentative manner in a debate or in a question raised in class or in the examination;
  b.    Enriching the subject matter through contributions to the course by drawing on students' skills and experience;
  c.    Gradually building confidence and intellectual autonomy by emphasising reflection over restitution;
  d.    Learning to work and think in groupse;

  e. Evaluating its standards, practices and values in the light of the Sustainable Development Objectives;
  f. Demonstrating autonomy in the implementation of tools leading to success.

 

Objectives

This course has two main objectives :

I.    Linguistic objective: perfecting English legal terminology
II.   Cultural objective: intellectual openness to legal traditions distinct from the "Romano-Germanic" tradition:
    - Discovering Common Law and Anglo-Saxon legal culture, and put them into perspective with regard to Belgian, European and international law;
    - Discovering legal traditions that originated outside the West and the underlying legal cultures, and putting them into perspective with regard to Belgian, European and international law.

Particular attention is paid to sustainable development and transition, according to its various components (planet, people, prosperity, peace, partnership). In particular, the course contributes to achieving Sustainable Development Goals 3 (good health and well-being), 4 (quality education), 10 (reduced inequalities), 11 (sustainable cities and communities), 16 (peace, justice and effective institutions) and 17 (partnerships to achieve the goals).

Content

The course is divided into two main parts: "The Common Law Tradition" and "Legal Traditions Originating Outside the West".

The first part of the course is partially taught in English. It consists of two chapters. The first chapter introduces English law while the second chapter introduces American law.

The second part of the course is mainly taught in French. It consists of four chapters, each chapter being dedicated to a different legal tradition. The African tradition, the Chthonic tradition, the Chinese tradition and the Islamic tradition are presented.

 

Table of contents

Introductory part: introductory considerations on the comparative approach in law

Part I: The Common Law tradition


   Chapter 1: Introduction to English Law

   Chapter 2. Introduction to American Law

Part II: Legal traditions outside the West

Chapter 1: Introduction to the African tradition

Chapter 2: Introduction to the Chthonic (Indigenous) Tradition

Chapter 3: Introduction to the Chinese Tradition

Chapter 4: Introduction to the Islamic Tradition

Exercises description

Three seminars are organised during the term. The first seminar is about English law, the second about American law and the third about the Chinese legal tradition.

 


Prerequisites

English for Legal Professionals (level B2) [DELVB201]

Co-requisites

Droit des obligations II [DROIB211]

Teaching methods

The course is taught in both French and English. Students are invited to memorise the vocabulary of the lessons given in English beforehand through documents published on WebCampus.

The course combines lectures and discussions based on pre-read materials. The course's WebCampus page is regularly updated and used as a source of further information.

Some lessons are given by external speakers (guest lecture courses) with expertise in the subject matter.

The course takes care to illustrate the scope of the concepts and principles presented by current examples or literary or cinematographic references. It requires constant involvement of the students.

 

Evaluations

The evaluation is written or oral (of the student's choice). It takes place in January and/or August-September.

The evaluation consists of four types of questions on different parts of the subject:

1.            Definition of concepts

2.            Tests: True/false + justification; MCQs

3.            Commentary on an extract from a legislative or political text or a case law decision (in English) seen in class or for which homework has been requested

4.            Essay (in French) on a quotation (in English) seen in class

Where appropriate, the student's participation in certain activities offered during the year may be included in the final assessment.


 

Recommended readings

Main ressources

- PowerPoint slides projected during the class. Pay attention that PowerPoint slides are not a substitute for taking notes or attending class.

- Additional resources published regularly on the course's WebCampus page.

- Students may be asked to attend one or two lectures related to the topics covered in the course.

Additional ressources

H. PATRICK GLENN, Legal Traditions of the World : Sustainable diversity in law, 5th ed., Oxford, Oxford University Press, 2014.

G. CUNIBERTI, Grands systèmes de droit contemporain. Introduction au droit comparé, 4e éd., Issy-les-Moulineaux, Extenso/LGDJ, 2019.

 

Language of instruction

French / Français

Location for course

NAMUR

Organizer

Faculté de droit
Rue de Bruxelles, 61
5000 NAMUR

Degree of Reference

Undergraduate Degree
BlockCredits
Bachelier en droit36