Learning outcomes

At the end of the teaching unit, students will be able to:


  1. Define the basic legal concepts covered in the course, placing them in their respective legal traditions; 
  2. Explain and compare the modes of reasoning used in legal traditions other than the continental tradition (Civil Law), particularly by Common Law judges;
  3. Explain and compare the different legal traditions covered in the course based on their characteristics and founding principles; 
  4. Acquire and use knowledge of English legal terminology, at least receptively (B2), particularly through translation exercises;
  5. Analyse a court decision written in English, illustrating it with reference to theoretical elements covered in the course and, where appropriate, other courses in the study programme; 
  6. Analyse a legal issue based on a quotation in English taken from a text studied in the course, relating it to its cultural and social context, in order to reflect on the law and its relative nature;
  7. Use the elements of comparative law method studied in the course to enrich legal reasoning; 
  8. Evaluate the continental legal tradition, and Belgian law in particular, in light of the other legal traditions studied in the course. 


In addition to these disciplinary skills, students must also acquire a series of soft skills:


  1. Defend a point of view with arguments during lectures, seminars or exams;
  2. Enrich the subject matter taught by contributing to the course, drawing on their skills and experience, where appropriate on
  3. Gradually acquire confidence and intellectual autonomy by focusing on argumentation rather than restitution;
  4. Learn to work and think in a group;
  5. Evaluate one's standards, practices and values in light of other legal traditions seen in class, particularly from an ecological transition perspective;
  6. Demonstrate autonomy in implementing the tools that will lead to success.



Goals

Within the Law degree programme, this course has two main cross-cutting 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 non-Western legal traditions and the underlying legal cultures, and putting them into perspective with regard to Belgian, European and international law.


Education for sustainable development is essential to achieving the Sustainable Development Goals. That is why it is a goal in its own right in the United Nations 2030 Agenda for Sustainable Development (SDG 4). Particular attention is therefore paid to sustainable development and transition, in all its various aspects (planet, people, prosperity, peace, partnership). In terms of content, the course places particular emphasis on the environmental and democratic challenges of transition (SDGs 10, 11, 13, 14, 15, 16 and 17). Beyond that, the course allows students to open their minds to worldviews other than those that currently underpin the economic and political system in the West. 


The linguistic and cultural openness of the course, combined with its legal content, supports students in acquiring the normative and collaborative skills that are essential for sustainable development and transition (UNESCO, Education for Sustainable Development Goals: Learning Objectives, 2017). 

Content


The course is divided into two main parts: ‘The Common Law Tradition, one pillar of the Western legal tradition’ and ‘Some non-Western legal traditions’.


The first part of the course is mainly based on course materials in English. It consists of two chapters. The first chapter provides an introduction to English law, while the second chapter provides an introduction to American law.


The second part of the course is mainly based on course materials in French. It consists of four chapters, each dedicated to a different legal tradition. Depending on the year and current events, the following traditions are presented: the African tradition, the chthonic tradition, the Chinese tradition and the Islamic tradition.

Table of contents

Introductory part: introductory considerations on the comparative approach in law

Part I: The Common Law tradition, one pillar of the Western legal tradition

  Chapter 1: Introduction to English Law

  Chapter 2. Introduction to American Law

Part II: Some non-Western legal traditions

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

Exercices

Four seminars are organised during the year.

Attendance at the seminars is not mandatory, but strongly recommended in order to maximise the chances of passing the examination, which includes one or more texts examined in seminar. If necessary, depending on the needs of the students and availability, other activities can be organized. 

 

Teaching methods

The course is taught in both French and English. Students are invited to memorise the vocabulary of the lessons given in English beforehand through documents published on WebCampus.

The course combines lectures and discussions based on pre-read materials. The course's WebCampus page is regularly updated and used as a source of further information.

Some lessons can be given in English by external speakers (guest lecture courses) with expertise in the subject matter.

The course takes care to illustrate the scope of the concepts and principles presented by current examples or literary or cinematographic references. It requires constant involvement of the students.

 

Assessment method

The evaluation is written. It takes place in January and/or August-September.


The evaluation consists of five types of questions on different parts of the subject:


  1. Definition of concepts
  2. Tests: True/false + justification; MCQs
  3. English legal terminology
  4. Targeted commentary on a case law decision seen in class or in a seminar 
  5. 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.


For further information, please consult the course's WebCampus page. 


 

Sources, references and any support material

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

M. SIEMS, Comparative Law, 3th ed., Cambridge, Cambridge University Press, 2022.

G. CUNIBERTI, Grands systèmes de droit contemporain. Introduction au droit comparé, 4e éd., Issy-les-Moulineaux, Extenso/LGDJ, 2019.

J.-F. GERKENS, Droit privé comparé, Bruxelles, Larcier, 2007.

 

Language of instruction

French
Training Study programme Block Credits Mandatory
Bachelor in Law Standard 0 6
Bachelor in Law Standard 3 6