UNIVERSITY OF KENT
1.
Title of the module
European Legal Systems (LW552)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
Revised version start date September 2014
4.
The number of students expected to take the module
40-60
5.
Modules to be withdrawn on the introduction of this proposed module and consultation with other
relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module (e.g. Certificate [C], Intermediate [I], Honours [H] or Postgraduate [M])
Honours [H]
7.
The number of credits and the ECTS value which the module represents
30 credits, 15 ECTS
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn and Spring
9.
Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
All undergraduate Law programmes including Joint Honours
11. The intended subject specific learning outcomes
11.1 To provide a sound grounding in the history of the civilian (Romanist) legal tradition from
classical Roman law until the 21st century.
11.2 To introduce students to the mentality and methods of civil lawyers.
11.3 To ensure that students know how to evaluate the structure and function of codes.
11.4 To lay the legal system foundations for further study in a particular civil law system.
11.5 To encourage students to engage critically with the subject matter of the module.
11.6 To provoke reflection on the nature of law in Europe.
The objectives of the course are that students who complete the module will have an ability to:
11.7 To demonstrate a clear understanding of the concepts, categories, and reasoning
techniques of civil lawyers in general.
11.8 To appreciate the historical development and mutations of Roman, customary,
mercantile and Royal law from the 11th century to the 21st century.
11.9 To compare procedural and substantive law ideas with ideas from the common law
tradition.
11.10 To understand mentality differences between systems within the civilian tradition.
11.11 To undertake further and detailed more study of one or more civil law systems.
11.12 To reflect upon the history and nature of western legal thought.
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UNIVERSITY OF KENT
12. The intended generic learning outcomes
12.1 To understand the importance of the history of legal institutions in the development of a
legal mentality
12.2 To appreciate the importance of the development of methods in the understanding of
legal texts
12.3 To appreciate synchronically and diachronically the interrelationship of law as a
discipline with other disciplines
12.4 To appreciate the important role of the university in the formation of legal knowledge and
legal method
12.5 To understand how to collate information from a variety of sources and to compare and
to synthesise such information
12.6 To understand how to comment critically on information collated, analysed and
synthesised
12.7 To begin to appreciate the importance of research questions and how to formulate research
questions.
13. A synopsis of the curriculum
The following topics will be covered:
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General Introduction
Introduction to Roman Law
Rediscovery of Roman Law
Development of the Ius Commune
Humanist Reaction
Reception of Roman Law in Europe
Codification (1): Background to Codification in Europe
Codification (2): The Code civil and its background
Codification (3): The BGB and its Background
Spirit and Structure of European Private Law (1): Obligations and Contract
Spirit and Structure of European Private Law (2): Non-Contractual Liability
Spirit and Structure of European Private Law (3): Property
Procedure and the Courts (1): Historical Considerations
Procedure and the Courts (2): Courts and Judges
Spirit and Structure of European Public Law
Civil and Commercial Law
Reasoning and Methodology in the Civil Law
Reflections and Revision
14. Indicative Reading List
Basic reading
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Kolbert, C, Justinian: The Digest of Roman Law (Penguin, 1979)
Stein, P, Roman Law in European History (Cambridge, 1999)
Wallinga, T, The Common History of European Legal Scholarship (2011) 4 Erasmus Law
Review 3 (www.erasmuslawreview.nl)
Zweigert, K & Kötz, H, An Introduction to Comparative Law (Oxford, 3rd ed., 1998; trans T
Weir)
Further reading
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Bell, J, French Legal Cultures (Butterworths, 2001)
Borkowski, A & du Plessis, P, Textbook on Roman Law (Oxford, 4th ed., 2010)
Foster, N & S Sule, German Legal System & Laws (Oxford, 4th ed, 2010)
Gordley, J, The Jurists: A Critical History (Oxford University Press, 2013)
Samuel, G, A Short Introduction to the Common Law (Edward Elgar, 2013)
Steiner, E, French Law: A Comparative Approach (Oxford University Press, 2010)
Watkin, TG, The Italian Legal Tradition (Ashgate, 1997)
Wieacker, H, A History of Private Law in Europe (Oxford, 1995; trans T Weir)
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UNIVERSITY OF KENT
15. Learning and Teaching Methods, including the nature and number of contact hours and the total
study hours which will be expected of students, and how these relate to achievement of the intended
module learning outcomes
The module will be allocated 300 hours, 20 hours of lectures, 20 hours of seminars 260 hours of
private study. Teaching will consist of one lecture and one seminar per week (an hour each).
Lectures will be devoted to an outline of the area to be studied in the week immediately after the
lecture; the aim here is to provide a framework for the student. Lectures will be supplemented by
a module handbook and by a chronological/thematic dictionary. (MLO 11.1 – 6. 12.1 – 4)
Seminars will be based upon private study undertaken by the students in the week previous to
the seminar. The seminar will provide an opportunity for students to examine texts in detail, to
discuss their private study, to pose and to answer questions and generally to engage with the
course convenor (or guest lecturer) and with each other in the topic of each week’s private study.
(MLO 11.1.-12. 12.1 – 7)
The main method for all contact hours will be for students to engage with the staff member and
with each other.
Private study will be based upon a weekly reading programme set out in the module handbooks.
Although, as mentioned, the lecture will in part be devoted to providing an expository framework
for the area to be studied, students will be encouraged to pose, and to receive, questions. (MLO
11.1 – 12. 12.1 – 7)
16. Assessment methods and how these relate to testing achievement of the intended module learning
outcomes
The assessment will consist of one piece of written work of 3000 (approx.) worth 20% of the module
mark (MLO 11.1 – 12. 13.1 – 7) and a 3 hour examination worth 80% of the module mark (MLO 11.1.
– 12 & 12.1 – 6)
17. Implications for learning resources, including staff, library, IT and space
This is an existing module therefore there are no additional or new resource implications.
18. The School recognises and has embedded the expectations of current disability equality legislation,
and supports students with a declared disability or special educational need in its teaching. Within
this module we will make reasonable adjustments wherever necessary, including additional or
substitute materials, teaching modes or assessment methods for students who have declared and
discussed their learning support needs. Arrangements for students with declared disabilities will be
made on an individual basis, in consultation with the University’s disability/dyslexia support service,
and specialist support will be provided where needed.
19. Campus(es) where module will be delivered: Canterbury
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UNIVERSITY OF KENT
SECTION 2: MODULE IS PART OF A PROGRAMME OF STUDY IN A UNIVERSITY SCHOOL
Statement by the School Director of Learning and Teaching: "I confirm I have been consulted on the
above module proposal and have given advice on the correct procedures and required content of module
proposals"
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Director of Learning and Teaching
Date
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Print Name
Statement by the Head of School: "I confirm that the School has approved the introduction of the
module and, where the module is proposed by School staff, will be responsible for its resourcing"
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Head of School
Date
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Print Name
Module Specification Template
Last updated February 2013
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