LAW 705 - Comparative Law

3 credit(s) Irregularly

This course will provide a comprehensive introduction to the legal systems of the civil law, with a focus on continental Europe. Many characteristic features of the Civil Law – the absence of a jury, the relative lack of reliance on judicial precedents, the emphasis on codification – have their origin in ancient and medieval times. Our course will therefore trace a historical review of European legal history and the civil law, beginning with Roman law, proceeding through medieval times and the early modern era of the 18th and 19th centuries, to the modern period of international law. We will focus on the emergence of the three most influential modern systems, those of France, Germany, and Italy. We will examine the civil codes, the nature of continental adjudication, the inquisitorial approach to criminal justice, and comparative constitutional law. We will conclude the course by addressing the rise of the European Union and its legal institutions.