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.
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).
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.
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
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 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.
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.