Specific competences
a. Introduce the student to the basic concepts and modes of reasoning used in other legal traditions (in particular by Common Law judges);
b. To 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;
d. Link a legal analysis in (private) law to a cultural and social environment, in order to reflect on the law and its relative character.
Transversal competences
a. Defend 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. To gradually build confidence and intellectual autonomy by emphasising reflection over restitution;
d. Learning to work and think in groups.
This course will have three objectives.
Firstly, it will aim to encourage students to be intellectually open to legal traditions that are distinct from our tradition of "continental law", derived from Roman and Germanic law and therefore to be tolerant of these traditions.
The second objective of the course will be to lead students to make more precise comparisons on two particular themes, namely the phenomenon of whistleblowers, on the one hand, and the regulation of digital platforms and data, on the other.
Finally, the third objective of the course will be more transversal and will underline the two parts of the course outlined above. It will consist in familiarising the students with the English legal terminology.
The course is divided into two main parts, preceded by an introduction.
The introduction will focus on the interest, the limits and the various methodologies involved in the comparative examination, and will contion a brief reflection on the place of the national legal tradition in the era of globalisation.
The first part of the course will consist of an intellectual opening to legal traditions distinct from our tradition of "continental law" derived from Roman and Germanic law. Students will be introduced to other major legal traditions, such as Common Law, Islamic Law, African Law, Hindu Law and Chinese Law, as well as to Chthonian Law.
In the second part of the course, students will be asked to make more specific comparisons on two particular themes, namely the phenomenon of whistleblowers on the one hand, and the regulation of digital platforms and data on the other. In this second part of the course, which aims to study issues with a global impact, the regulatory approach taken within the European Union, which is not always entirely uniform, will be compared mainly with the approach taken in the United Kingdom and the United States.
Introduction to the comparative approach in law: concept, history, interest, limits and methodologies
Part I: Opening to different legal traditions
Chapter 1. Introduction - Methodological considerations
Chapter 2. Romano-Germanic Tradition
Chapter 3. The Common Law tradition
1. Introduction to English Law
2. Introduction to American Law
Chapter 4. African tradition
Chapter 5. Islamic Tradition
Chapter 6. Chinese Tradition
Chapter 7. Hindu tradition
Chapter 8. Chthonic Tradition
Part II: Specific Themes
Chapter 1. The legal reception of the phenomenon of whistleblowers
Chapter 2. Digital platforms and data regulation
The course does not include practical exercises or monitorings during the 2021-2022 academic year. These are replaced by flipped classrooms and lessons taught in English.
The examination will be written. It will take place in January and/or September. The questions will be formulated in French. Students may, however, answer in French.
The exam consists of three types of questions on different parts of the course:
Students can bring along the legislative texts and case law decisions seen during the course, unannotated (higlighting and article-to-article references are allowed).
Main ressources
Slides projected during the course. Please note that not all of the material course is included in the slides, which must be supplemented by the oral presentation.
Additional resources published regularly on the course's WebCampus page (course notes, legislative texts, case law decisions, press articles, videos, scholars studies, NGO reports, etc.)
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 contemporains. Introduction au droit comparé, 4e éd., Issy-les-Moulineaux, Lextenso/LGDJ, 2019.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Standard | 0 | 6 | ||
| Standard | 3 | 6 |