A comparative and historical analysis of the contemporary Scots, English, German and Norwegian legal cultures.

The objective of the course is to give students a better understanding for the legal cultural differences regarding the three main legal traditions in Europe ¿ the common law, civil-law and mixed legal systems. Highlighting these differences by analyzing four jurisdictions (Germany, England, Scotland and Norway) will enable the students to identify and understand legal cultural differences and their origins and impact, and to provide a frame of reference for analysis of their home jurisdiction.

By looking at the development of each legal culture we can find out how legal cultures can be shaped and adapt to changes in society. This is especially relevant for current debates concerning the globalization of law, EU-skepticism and other questions pertaining to the harmonization of law. Attending the course will enable the students to critically analyze and actively participate in such debates both internationally and in their home countries.

1. The principal learning outcomes of the course are to

a. enable the students to apply a legal cultural model introduced at the beginning of the course in order to

b. identify similarities and differences in various legal cultures in Europe and by doing so

c. compare central features in these legal cultures.

2. In addition, the students will be able to use the functional approach to legal comparative research in order to

a. describe and

b. analyse different legal traditions in Europe.

Because the lectures will highlight similarities and differences to the Norwegian Legal Culture the students will also

c. gain a better understanding of their host country¿s legal environment.

3. Regarding the three modules of the course, the students will

a. gain basic knowledge of the English, Scots and German legal cultures respectively.

Based on this knowledge they will be able to

b. observe, describe and evaluate specific institutional and intellectual features of these cultures.

Furthermore, by looking into the culture¿s legal history they will, be able to

c. acknowledge the difficulties which legal systems can face when adapting to the globalization of law.

This will contribute to making the students aware of the obstacles to the interaction between national and international law. At the same time this will enable them to discuss possible solutions but also limits for the harmonization of legal cultures in Europe.

The course is available for the following students:

• Admitted to the integrated master programme in law
• Admitted to the two-year master programme in law
• Granted admission to elective courses at the Faculty of Law
• Granted additional right to study following completed master degree in law at UiB
• Exchange students at the Faculty of Law

The pre-requirements may still limit certain students' access to the course

Five days home exam.

Exam in teaching semesters only.

Graded scale with 5 levels from A to E for passes and F for fail, see Section 3-1 no. 2, first sentence of Studieplanen for masterstudiet I rettsvitenskap ved UiB.

Exam language:

• Question paper: English
• Answer paper: English

No overlap with courses at the Bergen Law Faculty.

Combines successfully with

Introductory course for exchange students ¿ Exploring the Norwegian Legal Culture. The course is not mandatory, however a good preparation for this course as it is based on the same operationalised concept of legal culture as JUS290-2-A.

In addition

JUS281-2-A Comparative Constitutional Law

JUS292-2-A Introduction to Chinese Law

JUS276-2-A Human Rights Law: Special Focus on Economic, Social and Cultural Rights

Spring.

Resit reserved for students who have completed the formative assessment (i.e. essay and peer review process).

Administrative contact: elective.courses@jurfa.uib.no

Course leader: Associate Professor Søren Koch

Subject lecturers: Andrew Simpson, Adelyn Wilson and Søren Koch