Why compare laws? Why compare Justice Systems?
Comparing differences and similarities of different justice systems contributes to a better understanding of foreign legal systems, broadens our understanding of how legal rules work in context, and helps us reflect critically on our justice system and legal history. Comparative legal research is the study of the relationship between legal systems or between rules of more than one system.
This course focuses on the study of justice systems from a comparative perspective. It introduces students to different justice systems, with a special focus on common law and civil law jurisdictions. We will explore concepts of substantive and procedural criminal law, from the elements of crime and forms of participation to different systems of trial. Globalization and its role and influence on justice systems around the world will be explored. The role of supranational and international judicial institutions (European Court of Justice, International Criminal Court) in bringing different legal traditions together will also be examined.
Topics to be covered during the course include:
Sources of law in different legal systems
Aspects of various criminal justice systems
Concepts of substantive and procedural criminal law in a comparative perspective
International Criminal Justice
After successful completion of this course, the students will be able to
Understand the importance of comparing legal and justice systems;
Identify and explain fundamental concepts and rules in justice systems in a comparative perspective;
Understand basic concepts of substantive criminal law and how crimes can be classified;
Debate various sentencing options and the role of punishment within the criminal justice system;
Understand differences and similarities between legal systems;
Compare and contrast the strengths and weaknesses of different justice systems
Discuss issues on international criminal justice
Building on the knowledge, the students will be able to:
Develop writing skills, by employing appropriate and academically accepted referencing;
Describe facts and explain legal reasoning and courts judgments;
Write and present orally a well-structured argument, using different sources and literature
Once available, timetables will be published in the e-Prospectus.
Mode of instruction
The course is taught in seminar format, including lectures, class discussion and student presentations. The course draws upon the field of criminal justice from a comparative and international perspective. Students will be expected to write one individual research paper.
In-class participation (10 %) (weeks 1-7)
Journal Entry (5%) (week 4)
In-class presentations/ Discussion leader assignments (15 %) (weeks 2-6)
Individual research paper (30 %) (weeks 3-7)
Final Exam (40%) (week 8)
There will be a Blackboard site available for this course. Students will be enrolled at least one week before the start of classes.
Course textbook to be purchased by students:
- Johannes Keiler and David Roef (eds) Comparative Concepts of Criminal Law (2019) Intersentia
Francis Pakes, Comparative Criminal Justice (2019) Routledge
Mathias Siems, Comparative Law (2018) Cambridge University Press
Other readings (academic journal articles) will be assigned
This course is open to LUC students and LUC exchange students. Registration is coordinated by the Education Coordinator. Interested non-LUC students should contact firstname.lastname@example.org.
Assistant Professor Maria Pichou