The
University of Florida
Fredric G. Levin College of Law
An introduction to the comparative method from the perspective of an American lawyer, focusing on methodology, rather than on substantive matters. Starts with a survey of Comparative Law, its history, current definition and scope, followed by practical uses of Comparative legal analysis in United States courts. The more substantial part of the semester studies the Civil Law tradition, the most common legal system in our world today. Naturally, this course can only provide a general overview of the large number of Civil Law nations. It starts with foreign legal education and the legal professions. Then the Civil law system is placed in its proper context: historical roots; structure; approach to judicial review; judicial organization. This is not Trade Law. While I believe that comparative methodology is helpful and often even essential for lawyers engaged in international business transactions, this class is neither International Trade Law nor International Business Law. We have wonderful courses elsewhere in our curriculum that cover those subjects.
For our first week of class, from Monday, January 9 to Wednesday, January 11, 2012, please read the attached essay draft.
We will go over my basic expectations and the course rules and grading standards on Monday.
On Tuesday, we will discuss what Comparative Law is and what it can teach you
by going over the subjects that I will cover is some detail.On Wednesday we will continue the discussion of what Comparative Law is and how it can contribute to your education by reviewing a typical exam question and what I want to you to know, and more importantly, what I want you to be able to do, at the end of the semester.
I have therefore decided not to make you purchase the old set of materials. I will instead hand out the readings in PDF form as we move along during the semester. The class is small enough that I should be able to do this easily.