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 has three objectives.
(i) Intellectual opening to legal traditions distinct from our "Romano-Germanic" tradition
- Discovery of the Common Law and putting it into perspective regarding Belgian, European and international law
- Discovery of legal traditions originating outside the West and putting them into perspective regarding Belgian, European and international law
(ii) Introduction to Anglo-Saxon legal culture and discovery of the English-speaking world
(iii) Improvement of English skills
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 mainly taught in English. It consists of three chapters. The first chapter introduces English law while the second chapter introduces American law. The third chapter deals with a topical issue and offers a cross-analysis of English and 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.
Partie introductive : considérations liminaires sur la démarche comparative en droit
Part I: The Common Law tradition
Chapter 1. Introduction to English Law
Chapter 2. Introduction to American Law
Chapter 3. Capita selecta 2022-2023 (Whistleblowing Law and/or Sustainable Development)
Partie II : Les traditions juridiques nées en dehors de l’Occident
Chapitre 1. Introduction à la tradition africaine
Chapitre 2. Introduction à la tradition chthonienne (autochtone)
Chapitre 3. Introduction à la tradition chinoise
Chapitre 4. Introduction à la tradition islamique
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.
The examination is written or oral. It takes place in January and/or August-September. The questions are formulated in French. Students may answer in French or in English.
The examination 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. 4. Essay (in French) on a quotation (in English) seen in class
Students may have at their disposal the legislative and political texts and case law seen in class, unannotated.
Main ressources
Slides projected during the course.
Additional resources published regularly on the course's WebCampus page
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.