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LS 4040 / LX 4040

Course Co-ordinator: Professor R Evans-Jones

Pre-requisite(s): Available only to Honours LLB students.

Note(s): The course is available for the MA in Legal Studies as a 30 credit point course (LX 4040). An additional element of assessment is required in the form of a written assignment which is for formative assessment only.

The course seeks to evaluate, from theoretical, substantive and historical perspectives, the nature of the Common law, the Civil law and Mixed Legal Systems: the three main legal "families" of western civilisation that have originated and developed in Europe. The course involves detailed studies of the interaction of the Civil and Common law in "mixed" legal systems of which Scots law is a leading example. An evaluation is made of law in "Britain". The debate concerning the convergence of the Common and Civil law is considered and its importance for the creation of a new "common law" of Europe. One seminar is devoted to the theories and importance of comparative constitutional law.

The class meets about 10 times for around 1½ hours each meeting.

1st Attempt: 1 three-hour examination (100%). One essay of 2,500 words is required for formative assessment purposes only.