Lecture Series, Winter Semester - Introduction to the Common Law

Titel der Lehrveranstaltung/Lecture title: An Introduction to the Common Law – Part I — Lecture Series (in English)

Dozent/Teacher: Prof. Gerard C. Rowe, BA LLB MTCP Syd LLM Yale

Zeit/Time: block lecture series

Ort/Location: various (see timetable)

Beginn/Start: see timetable; all sessions begin sharp at the nominated hour (not 15 minutes later)

Teilnahmevoraussetzungen/Conditions of participation: The lecture series is in principle open to all students in all faculties and programmes. Provides a Zusatzqualifikation for law students. It is also especially suitable for students in the MES and MEPS programmes.

Good ability in English is desirable in order to be able to understand the lectures and read the recommended literature. The active participation of all students is be expected.

Participants do not need to register in advance but simply come to the first lecture.

There is a written exam (120 minutes) available to all participants, conducted at an agreed time in the final teaching weeks of the semester.

Gegenstand der Lehrveranstaltung/Subject of the lectrures: The ‘common law’ is the label applied to many legal systems around the world which derive originally from, or have been influenced by, the law and legal system of England. This occurred largely as a result of the process of colonisation and its political, legal, and institutional consequences. The name ‘common law’ points not only to deep historical origins in England (reaching back to the 11th century and before), but also to the type of law and legal institutions found in all the legal systems concerned. Most especially, the term ‘common law’ refers to a particular legal methodology and culture which is distinguished generally from other legal traditions and families (such as Romanic/Civil Law, Islamic Law, Talmudic Law, and numerous customary legal traditions). The common law can, without fear of exaggeration, be said to be one of the most significant legal traditions of the world, in regard to its methodology, effectiveness, and international distribution, being found importantly in the British Isles, Australia, the United States, Canada, New Zealand and India, as well as many other countries.

The lecture series provides an understanding of the basic elements of the common law tradition including aspects of political and governmental structures and institutions, constitutional arrangements, and judicial methodology, drawing attention also to differences which have developed among common law countries themselves. It provides an introduction to selected substantive areas of law, in particular of public law (constitutional and administrative law and regulation). A very brief introduction to aspects of private law (property, torts and contract law) is provided, but these fields are dealt with more extensively in the sequel lecture series (Part II) offered in the Summer Semester.

A knowledge and understanding of the common law will assist comparative legal studies and contribute to a better understanding of one’s own legal system. Such an introduction will also provide a preparation for international legal activity which may occur in a wide range of legal or business careers. The material covered is also of interest to non-law students in fields such as history, political science, economics, international relations, and cultural studies. The aspects of British and US constitutional law which are covered cast light upon, among other things, current political and legal debates, for example, in the Brexit process and its aftermath, political and institutional conflicts in the US, and comparable matters in certain other countries.

The lecture series provides an opportunity to develop specialised English language and vocabulary skills.

Literatur: Alan B. Morrison (ed.), Fundamentals of American Law (1996); William P. Fishback, A Manual of Elementary Law — Being a Summary of the Fundamental Principles of American Law (1997); Mary-Anne Glendon, Comparative Legal Traditions in a Nutshell (1999); Lawrence M. Friedman, American Law — An Introduction (1998); Howard Abadinsky, Law and Justice — An Introduction to the American Legal System (1998); Gerard C. Rowe, Reflections on the Common Law — Relating it to the European Context, in: Beichelt/Choluj/Rowe/Wagener (eds), Europa–Studien — Eine Einführung (1st ed., 2006) 289–310.
A detailed bibliography will be provided at the start of the series.

Materials: see Moodle platform for the outline of lectures, detailed bibliography and selected readings.

ECTS: 4 (special ECTS requirements for particular study programmes can be agreed upon with the lecturer).

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