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
http://www.law.edu/faculty/fischer and
clicking on Comparative Law Spring
2002
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 e-mail by Friday so I can set this
up
CONTACTING ME/OFFICE
HOURS
Mondays – Room 412 10:30-11:30
a.m. or by appointment
Telephone: 202-319-5568 or email: fischer@law.edu
Required Reading for Wednesday
Basil Markesinis, Comparative Law
– A Subject in Search of an
Audience, 53 Modern Law Review
1-21 (Jan. 1990)