Comparative Law

LAW

793

Comparative Law

One of the best ways to understand American law is to recognize that it is one among many choices that different societies can make and have made about the kinds of laws and legal processes they will have. Through the broader theoretical framework provided by a comparative perspective (looking at practice, lawmaking and theoretical issues), this seminar will focus on the People's Republic of China as a comparative case study. As a socialist system with an articulated commitment to market reforms and as a society with a very different history and tradition than the United States, China presents a fascinating opportunity for comparative study. We will explore three substantive areas law which I believe are paradigmatic of the social, economic and political organization and choices reflected in the developing system: administrative law; family law; and contracts. Some of the themes we will explore include the different definitions and functions of law and the legal system; the assumptions and consequences of a public/private ideology; the cross cultural role of gender in shaping the legal status of women; an the role of law development and social change. Guest speakers who are practitioners and teacher will also provide perspectives on other systems, e.g. civil law, Islamic law and customary systems. Seminar participants will be required to select a comparative project for reading, research and presentation or a writing project. The comparative project can be in law and literature; interdisciplinary; or on a system other than China.

Fall, Spring

Law

No