Comparative Legal Systems

Code:

D204

Acronym:

SJC

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2004/2005 - 2S

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
D	112	Official Study Plan - LD	2	-	8	-

Objectives

An understanding of the historical development of the subject and of the applicability of comparative legal methods

A comparative analysis and understanding of the structural characteristics of the main present-day legal families

An awareness of the importance of comparative law in terms of the development and perfecting of national legal systems

Program

1. INTRODUCTION TO COMPARATIVE LAW
1.1. The concept of comparative law
1.2. Object
1.3. Method

2. INTERNATIONAL LAW AND EUROPEAN UNION LAW: THE IMPACT OF THE LEGAL SYSTEMS

3. A STUDY OF THE MAIN PRESENT-DAY LEGAL FAMILIES

3.1. Civil Law legal systems (the Roman-Germanic family)
a. Sources of the law
b. Principles of interpretation
c. The legal apparatus

3.2. Common Law legal systems (the Anglo-Saxon family)
a. Constitutional principles
b. Sources of the law
c. Principles of interpretation. Aids to interpretation
d. The hierarchy of the courts
e. The legal professions
f. The nature of the jury
g. Criminal justice

3.3. Islamic legal systems
a. Sources of the law
b. The legal professions
c. The Islamic community in Portugal

3.4. Hindu legal systems
a. The importance of Hindu law
b. Sources of the law
c. The organisation of the judiciary
d. The reform process
e. Indian law

Main Bibliography

DAVID René, BRIERLEY John, Major Legal Systems in the World Today, An Introduction to the Comparative Study of Law, London, Stevens & Sons, 3rd edition, 1985

ELLIOTT C., QUINN F., English Legal System, second edition, Longman, 1998

GLEAVE R., KERMELI E., Islamic Law, Theory and Practice, I. B. Tauris Publishers, 1997

GLENDON Ann, WALLACE Gordon Michael, Osakwe Christopher, Comparative Legal Traditions, American Casebook Series, West Publishing Co., 1985

MENSKY, W., Indian Legal Systems Past and Present, Occasional Paper Nr. 3, SOAS, May 1997

MENSKY, W. (ed.), Gems Nr 2, Coping with 1997, The reaction of the Hong Kong people to the transfer of power, Trentham Books Limited, 1995

MENSKY, W. (ed.), Gems Nr 6, South Asians and the dowry problem, Trentham Books Limited, 1998

PEARL, D., MENSKY, W., Muslim Family Law, third edition, Sweet and Maxwell, 1998

SCHLESINGER R., BAADE H., HERZOG P., WISE E., Comparative Law, sixth edition, Foundation Press, New York, 1998

SOUSA, António Francisco, A Posição Jurídica da Mulher na Sociedade Islâmica, Documentação e Direito Comparado, nº 24, Procuradoria Geral da República, 1985

ZWEIGERT Konrad, KORTZ Heinz, Introduction to Comparative Law, Vol. I, 2nd edition, Clarendon Press, Oxford, 1997

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline, use of case-studies
Practical classes

Evaluation Type

Evaluation with final exam

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in one of the following hypotheses:
a)Written final examination;
b)Oral final examination (if the student obtained in a) a mark between 7 and 9.

Calculation formula of final grade

Are the marks obtained in the examinations referred in “Frequency Attaining”

Examinations or Special Assignments

None

Special assessment (TE, DA, ...)

General Law and rules enforced in FDUP.

Classification improvement

Is obtained by doing a written or an oral examination