Comparative Law Spring 2002 Professor Susanna Fischer CLASS ONE INTRODUCTION TO COMPARATIVE LAW

WELCOME TO COMPARATIVE LAW! Introductions What is comparative law and why study comparative law? Outline of This Course Assigned reading for today: Article by Otto Kahn-Freund

WHAT IS COMPARATIVE LAW AND WHY STUDY IT? Sir Otto Kahn-Freund:”The trouble is that the subject …has by common consent the somewhat unusual characteristic that it does not exist.”

WHAT IS COMPARATIVE LAW? Kahn-Freund: “Not a topic, but a method…common name for a variety of methods of looking at law.” We will focus more on comparing systems/traditions than comparing substantive law We will focus primarily on comparing 2 common law systems (England and the United States) with 2 civil law systems (Germany and France), but will also devote some attention to non-Western legal traditions, e.g. chthonic law, islamic law, asian law

COMPARING LEGAL SYSTEMS: TOPICS History/culture/geographical distribution of system Legal institutions – e.g. courts Sources of law – e.g. legislation, constitution, custom Legal actors – e.g. avocats, barristers, judges Legal education Procedure – civil,criminal, administrative

WHAT IS COMPARATIVE LAW AND WHY STUDY IT? Professional Purpose – help lawyers to work in a global village Cultural Purpose – broaden perspectives, give comparative insights into our own legal system Scientific Purpose – universal legal truths, harmonization of legal rules Reform Purpose – helps us to make changes to our own legal system

THIS COURSE 3 Handouts – Class Home Page, Course Outline, Reading List (for Week 1) – all available online by going to and clicking on Comparative Law Spring Home Page has some helpful resources on it

COURSE OUTLINE Make sure you read this carefully Required Books/Preparing for Class Attendance/Class Participation Exams and Grading Final Exam – 75% of grade Web Project – 25% of grade Other Assignments/Exercises Prohibition of recording without prior consent Class Listserv – you are required to send me an by Friday so I can set this up

CONTACTING ME/OFFICE HOURS Mondays – Room :30-11:30 a.m. or by appointment Telephone: or e- mail:

Required Reading for Wednesday Basil Markesinis, Comparative Law – A Subject in Search of an Audience, 53 Modern Law Review 1-21 (Jan. 1990)