JUR406 Comparative Law

The course is connected to the following study programs

• Master's Programme in Law

Teaching language

English

Course contents

All cross-border legal interaction necessitates a comparative analysis of legal systems. As law is an inherently national undertaking, and language its main communication device, problems arise when jurists need to analyse legal systems not their own, or to communicate the content of their own legal system to lawyers from other jurisdictions. The lack of a common legal structure makes translation notoriously difficult. Declaring something to be a source of law carries different ramifications in Norwegian law than in most other countries. A legal rule (Rechtsregel) constitutes the starting point of interpretation in German but describes the outcome of interpretation in Norwegian law.  The Norwegian concept "pant" encompasses the English mortgage, lien and several more, but English law does not have one phrase that includes all security rights. German law, on the other hand, has a concept (Pfand) that is temptingly similar, but not entirely identical to the Norwegian. To prevent misunderstandings and facilitate efficient and accurate communication between lawyers and jurists from different legal systems, it is paramount to be aware of these challenges. This course aims to provide students with the methodological tools to navigate this complex and often misleading terrain, as well as a first introduction to core aspects of other legal systems to facilitate a better understanding of why a one-to-one translation is impossible and how to apply comparative legal method as a means to overcome these problems.

Thus enabling the students to familiarise themselves with foreign legal systems, they will be better qualified to act as consultants to private and public actors who for a variety of reasons need to know another country’s law. The public procurement process constitutes the starting point for the selection of topics dealt with during this course. The selection of legal systems and areas of law will provide the students with a good basis so that they may independently gain insight into complex structures as well as detailed regulations within the foreign law. This enables them to conduct independent comparative analyses of the law in specific fields.  

In order to correctly understand the law of another legal system, the students will be made familiar with core legal structures as well as principles for interpretation of the selected systems. This constitutes the basis for independent analyses of similarities and differences between the law of the selected systems and will provide students with the means to critically assess their own law in the light of other countries’ solutions to similar legal problems. 

The course contributes towards the realisation of the UN’s sustainability goals no. 10 (reduce inequalities, esp. 10.2 and 10.3), no. 16 (peace, justice and strong institutions) and no. 17 (partnership for the goals). 

Learning outcomes

On successful completion of the course, the student should: 

• be able to compare different legal systems by applying comparative legal method

• be familiar with core aspects of selected legal systems and be able to conduct an independent analysis to identify fundamental similarities and differences between these

• be able to conduct independent analyses of foreign law as a means to solve specific problems related to the formation of international contracts or other forms of international business activities

• be able to apply their knowledge of foreign law in order to counsel both private and public actors in their international affairs

Examination requirements

A compulsory written assignment must be approved before you can sit for the exam. 

Further information will be posted in Canvas at the start of the semester.  

Teaching methods

The course will consist of plenary lectures as well as seminars for smaller groups of students. In the seminars, the students will deal with specific theoretical and practical problems designed to deepen their understanding of the course topics. The assignments will encourage the students to independent analysis of and reflection upon core topics, thus providing them with a solid foundation for assessment and critique of specific legal rules.  

A compulsory written assignment is also included.

Students must use Canvas, which is the university’s learning support system. The course has an expected scope of work of around 202 hours. 

Evaluation

The person responsible for the course decides in consultation with the student representative the method of evaluation and whether the courses will have a midterm- or end of term evaluation, see also the Quality System, section 4.1. Information about evaluation method for the course will be posted on Canvas. 

Admission for external candidates

No

Offered as Single Standing Module

Yes, if there are places available

Admission Requirement if given as Single Standing Module

Same as for admission to the master’s programme in Law.

Assessment methods and criteria

Individual semester paper, 3000-3500 words. Grading by letters.