DETAILED OUTLINE comparative law

HANOI LAW UNIVERSITY COMPARATIVE LAW INSTITUTE DETAILED OUTLINE COMPARATIVE LAW (For HLU internal use only) HANOI - 2020 HANOI LAW UNIVERSITY COMPARATIVE LAW INSTITUTE Training Level: Bachelor Subject’s Name: Comparative Law Number of Credit: 03 Type of Subject: Optional COURSE INSTRUCTORS’ INFORMATION Dr Nguyen Toan Thang – Lecturer, Director, Comparative Law Institute, HLU Email: ngthang@hlu.edu.vn PhD Candidate Pham Quy Đat (LLM) – Lecturer, Comparative Law Institute Email: quydat85@gmail.com PhD Candidate Đo Thi Anh Hong (MBA) – Lecturer, Comparative Law Institute E-mail: anhhongdo22@gmail.com PhD Candidate Đang Thi Hong Tuyen (LLM) – Lecturer, Comparative Law Institute Email: hongtuyenhlu@gmail.com Bui Thi Minh Trang (LLM) – Lecturer, Comparative Law Institute Email: trangbui1203@gmail.com Pham Minh Trang (LLM) – Lecturer, Comparative Law Institute Email: trangpm.hlu@gmail.com PhD Candidate Ha Thi Ut (LLM) – Lecturer, Comparative Law Institute Email: hautthan@gmail.com Comparative Law Institute Office: Rooms: 1501, 1502 and 1407, A Building, Hanoi Law University No 87, Nguyen Chi Thanh, Dongda, Hanoi Tel: 024 37736090 Working hours: 7h30 - 17h00 every working day (except for Saturday, Sunday and Public holidays) PREREQUISITES - Jurisprudence; - Constitutional Law COURSE SYLLABUS IN BRIEF Comparative Law is a subject that equips students with fundamental knowledge of major legal systems of the world by using comparative approach The course is divided into two main parts: (1) General part (Comparative Law in Brief; and (2) Detailed part (Major legal systems of the world and the essential elements of those legal systems) - The concept, formation and development of comparative law; - Research Objects of Comparative Law; - Research Methods of Comparative Law; - Scientific and empirical significance of Comparative Law; - Grouping of legal systems; - The formation and development of the Civil Law Family; - The structure of the law and sources of law in Civil Law systems; - Typical legal systems of the Civil Law Family; - The formation and development of the Common Law Family; - Typical legal systems of the Common Law Family; - The fundamental issues of the Socialist Law Family; - The law of the Muslim countries; - The legal education and legal professions in a number of countries around the world COURSE SYLLABUS IN DETAILS Topic Comparative Law in Brief General Considerations - Definition of Comparative Law - Objects of Comparative Law - Methods of Comparative Law The formation and development of Comparative Law The scientific and empirical significance of Comparative Law Grouping of legal systems of the world Comparative Law as an academic discipline Topic Civil Law Family The formation and development of Civil Law Family Structure of the law in Civil Law Systems Sources of law in Civil Law Systems Typical legal systems of Civil Law Family Topic Common Law Family The formation and development of Common Law Family Typical legal systems of Common Law Family Topic Socialist Law Family The formation and development of Socialist Law Family CCCP legal system – the typical legal system of Socialist Law Family Topic Muslim Law Family Muslim Law The law of the Muslim countries; Topic Legal systems of a number of East Asian countries Japanese legal system Chinese legal system DISCIPLINE’S OVERALL OBJECTIVES 5.1 Cognitive Objectives - Understand the concepts, features, research objects and methods of Comparative Law; - Understand the formation and development of major legal systems and legal families of the world; - Understand different types of law sources and how to put those law sources in use in countries all over the world; - Understand the court systems in a number of countries around the world and the court’s jurisdiction in handling cases; - Understand legal education and legal professions in a number of countries around the world 5.2 Skill Objectives - Forming and developing students’ ability to collect law information from countries around the world; ability to synthesize and systematize information of foreign law; - Developing students’ ability to analyze, synthesize, and evaluate legal systems; - Forming and developing law comparing skills for students, which can be used in their career later 5.3 Attitude Objectives - Enhancing level of knowledge of different legal systems around the world; - Being more objective in evaluating Vietnamese legal system 5.4 Other Objectives - Developing teamwork skills; - Developing creative, exploratory and critical thinking skills; - Enhancing and developing evaluating capacity; - Strengthening planning, organizing, managing monitoring and controlling skills throughout learning process COGNITIVE OBJECTIVES IN DETAILS Obj Issue Level 1 1A1 Be able to Introd understand the uction definition of to Comparative law Compa 1A2 Be able to rative understand the objects law of Comparative Law; two levels of law comparison 1A3 Be able to understand the methods of Comparative Law 1A4 Be able to understand the issues should bear in mind while study foreign law 1A5 Be able to understand the factors that have impact on the similarities and differences between legal systems 1A6 Be able to Level Level 1B1 Be able to 1C1 Be able to analyze the argue for the use of definition of the name Comparative Law “Comparative 1B2 Be able to Law” distinguish between 1C2 Be able to micro and macro analyze and comparison evaluate the current 1B3 Be able to situation and future distinguish between development of Comparative Law as Comparative Law an academic in Vietnam discipline and as a 1C3 Be able to research method in evaluate taxonomy Legal Science criteria to classify 1B4 Be able to legal systems of analyze the issues the world that should receive additional attention from the researchers while studying Comparative Law 1B5 Be able to analyze the decisive elements understand the that have impact on formation and the similarities and development of differences between Comparative Law legal systems outside and inside 1B6 Be able to Vietnam: Research analyze the institutes, researchers and scientific and typical research work empirical 1A7 Be able to significance of understand the Comparative Law scientific and empirical significance of Comparative Law 1A8 Be able to understand taxonomy criteria for classifying legal systems of the world 2A1 Being aware of Civil different names of Law Civil Law Family Family 2A2 Understand historical development of Roman Law 2A3 Understand the components and fundamental themes of Corpus Juris Civilis 2A4 Understand the formation and 2B1 Be able to analyze the reasons for the implementation of Jus Commune in Continental European countries 2B2 Be able to analyze reasons for the success and failure of the codification 2C1 Be able to evaluate the significance of Corpus Juris Civilis in Roman Law 2C2 Be able to comment upon the influence of Civil Law Tradition on other legal systems of the world 2C3 Be able to development of the Civil Law Family 2A5 Understand the reception of Roman Law in continental European countries 2A6 Understand the expansion of Civil Law Family 2A7 Understand the division between public and private law: their definition and features 2A8 Understand the fundamental similarities and differences between public law in different Civil Law countries 2A9 Understand the fundamental similarities and differences between private law of different Civil Law countries 2A10 Understand the fundamental law sources in Civil Law countries 2A11 Understand movement in comment upon Continental reason for the European countries influence of Civil 2B3 Be able to Law tradition on analyze reasons for Vietnamese legal the expansion of system Civil Law Family 2C4 Be able to 2B4 Be able to comment upon the interpret reason for fundamentals of the the division between French and German public and private legal systems law 2C5 Be able to 2B5 Be able to comment upon the analyze the French and German influence of Roman Civil Code and their Law on public and impacts on those of private law other countries 2B6 Be able to around the world interpret reason for 2C6 Be able to the similarities and evaluate legal differences amongst education in France public law and and Germany, and private law between to draw possible Civil Law countries lessons for 2B7 Be able to Vietnam analyze the roles 2C7 Be able to and niche of comment upon individual source of legal profession in law in Civil Law France and systems Germany, and to 2B8 Be able to draw possible fundamental issues of compare, analyze the lessons for the French and German similarities and Vietnam legal systems (law differences between sources, court system, the French and legal education and German legal legal profession) systems 2B9 Be able to compare and analyze the similarities and differences between the French and German Civil Codes 2B10 Be able to compare legal education and legal profession in France and Germany 3A1 Be aware of Commo different names of n Law “Common Law Family Family” 3A2 Be able to understand the significance of English law with respect to the formation and development of Common Law Family 3B1 Be able to differentiate between the definitions of the term “Common Law” 3B2 Be able to present the formation and development of the UK legal system 3C1 Be able to draw the differences between Common Law and equity 3C2 Be able to comment upon legal education in the UK; and possible lessons for Vietnam 3C3 Be able to 3A3 Be able to understand development stages of the English Legal System 3A4 Be able to state the overall reason for the expansion of the Common Law Family 3A5 Be able to understand fundamental sources of law of the English legal system 3A6 Be able to roughly describe the UK court system and jurisdiction of an individual court of the system 3A7 Be able to present roughly legal education (training forms and approaches) in the UK 3A8 Be able to understand the division between legal professions in the UK Conditions to be met to 3B3 Be able to analyze the Stare Decisis Rule in the UK legal system 3B4 Be able to clarify the relation between legislation and precedent in the UK legal system 3B5 Be able to compare legal education in the UK and that in France and Germany 3B6 Be able to clarify the main similarities and differences between legal profession in the UK with that in France and Germany 3B7 Be able to differentiate between the rule of Stare Decisis applied in the UK and the US 3B8 Be able to explain the 10 comment upon legal profession in the UK; possible lessons for Vietnam 3C4 Be able to compare the roles and niche of legislation and precedent in the UK and US legal systems 3C5 Be able to comment upon the role of the Constitution in the law sources of the US in relation to that of other Civil Law systems 3C6 Be able to comment upon legal education in the US; and possible lessons for Vietnam 3C7 Be able to comment upon legal profession in a number of countries 2+3 4 6 3 3+5 4 5+6 6 4+6 6 18 - The extent to which team members get involved in the seminars - Submission of team assignment and make oral presentation - The extent to which team members get involved in the seminars - Submission of team assignment and make oral presentation - The extent to which team members get involved in the seminars - Submission of team assignment and make oral presentation - The extent to which team 10 10 members get involved in the seminars - Submission of team assignment and make oral presentation - Submission of term assignment Total 16 30 class class hours hours 14 21 class class hours hours = 16 = 15 credit credit hours hours = 07 = 07 credit credit hours hours 45 credit hours 9.2 Overall Working Plan for the second degree, in-service training and for training at the Campus Forms of teaching-learning Week Topic Theory Seminar Team SelfWork study Evaluation Total - Team and term assignments allocation 1,2,3 10 16 19 - The extent to which team members get involved in teamwork 24 4,5,6 Total 14 - The extent to which team members get involved in the seminars 12 21 - Submission of team assignment and make oral presentation 16 30 class class hours hours 14 21 class class hours hours = 16 = 15 credit credit hours hours = 07 = 07 credit credit hours hours 45 credit hours * The deadline for submission of term assignment after the end of the module is no more than 20 days (including Saturday and Sunday) 9.3 Detailed Working Plan Topic Num Form of ber of teaching credit learning hours Theory cred it hour s Main Themes - Brief introduction of Comparative Law: subject’s name, reading guides, concepts, legal terms/jargon 20 Students’ preparation before class * Reading guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp 18 – 39 Selfstudy Team work Seminar cred it hour cre dit hou r cre dit hou - Introduction to Comparative Law subject: overall objectives, achievements and future development - Guiding on how to collect and handle information to serve the study of Comparative Law - Concept and features of Comparative Law - Research Objects of Comparative Law: scope and levels of comparison - Research Methods of Comparative Law - M.A Glendon, M.W Gordon, P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999, pp 1-13 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr - 44 - The formation and development of Comparative Law - Scientific and empirical significance of Comparative Law - How to group legal systems of the world * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994 pp 82 - 91 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 46 68 Team discussion of the team’s research topic Discussion of themes in topic 21 Seminar r cre dit hou r Discussion of themes in topic - What to consult: instruction on the way to learn for the best, on how to collect and use reference materials ; other questions relate to issues discussed in class Student - Time: Consulta From 08 am to 11 am, every Wednesday if class being held in the tion afternoon; From 2pm to 5pm, every Wednesday if class being held in the morning - Place: Comparative Law Institute Office Room A.1501 Assessm ent First class of Week 1: Receiving team and full semester assignments The extent to which students get involved in teamwork Topic Num Form of ber of teaching credit learning hours Theory cred it hour s Main Themes - The formation and development of Civil Law Family (the formation of Civil Law Family in the Continental Europe) Students’ preparation before class * Reading guides: - M.A Glendon, M.W Gordon, P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999 (2nd Ed), pp.1652 - Structure of the law in - Giáo trình luật so sánh, Trường Civil Law Systems Đại học Luật Hà Nội, Nxb CAND, - Sources of law in Civil Hà Nội, 2017, tr 103 - 117 Law Systems - M.A Glendon, M.W Gordon, 22 P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999, pp.125-137 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 118 143 Selfstudy cred it hour - The expansion of Civil * Reading Guide: Law Family - M.A Glendon, M.W Gordon, - The French and P.G Carozza, “Comparative German Legal Systems Legal Traditions in a Nutshell”, West Group, 1999, pp 52-57 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 103 - 117 - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp.167 – 184, p.185 – 197 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 143 192 Team Work Seminar cre dit Team discussion of team’s research topic hou r Discussion of themes in topic cre dit hou 23 Seminar Student Consult ation Assessm ent r cre dit Presentation of the team paper hou r - What to consult: instruction on the way to learn for the best, on how to collect and use reference materials ; other questions relate to issues discussed in class - Time: From 08 am to 11 am, every Wednesday if class being held in the afternoon; From 2pm to 5pm, every Wednesday if class being held in the morning - Place: Comparative Law Institute Office Room A.1501 - Oral presentation of the Team research paper - The extent to which students get involve in the seminar Topic Num Form of ber of teaching Main Themes credit learning hours Theory cred it hour s Students’ preparation before class - Overview of the Common Law Family - UK legal system: the formation and development - The UK and US legal system: + Law sources in the UK 24 * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp.101-113 - M.A Glendon, M.W Gordon, P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999, pp.150-177 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà + Law sources in the US Nội, 2017, tr 193 - 232 - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp.101 – 165 - M.A Glendon, M.W Gordon, P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999, pp.261-290 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 258 - 268, tr 295 -302 Self-study - The UK legal credit system: hour + Court system + Legal education and profession - The US legal system: + Overview of the US legal system + Court system + Legal education and profession * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp.101 – 165, pp.145 – 166 - M.A Glendon, M.W Gordon, P.G Carozza, “Comparative Legal Traditions in a Nutshell”, West Group, 1999, pp.184-234 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 232 - 258, tr 269 295, tr 281 - 286 tr 302 – 308 Team Work Seminar cre dit hou r cre dit hou r Team discussion of team’s research topic Discussion of the themes in topic 25 Seminar cre dit hou r Presentation of team research paper - What to consult: instruction on the way to learn for the best, on how to collect and use reference materials ; other questions relate to issues discussed in class Student - Time: Consulta From 08 am to 11 am, every Wednesday if class being held in the tion afternoon; From 2pm to 5pm, every Wednesday if class being held in the morning - Place: Comparative Law Institute Office Room A.1501 - Assessm ent Oral presentation of team research paper The extent to which students get involve in the seminar Topic Num Form of ber of teaching credit learning hours Theory Main themes Muslim Law Family: Muslim Law cred it hour s Self-study Legal systems of a Students’ preparation before class * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp 211 – 217 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 336 – 357 * Reading Guide: 26 credi number of Muslim t countries hour Team work Seminar Seminar - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 358 – 364 cre dit Team discussion of the team research topic hou r cre dit Oral presentation of team research paper hou r cre dit Oral presentation of team research paper hou r - What to consult: instruction on the way to learn for the best, on how to collect and use reference materials ; other questions relate to issues discussed in class Student - Time: Consulta From 08 am to 11 am, every Wednesday if class being held in the tion afternoon; From 2pm to 5pm, every Wednesday if class being held in the morning - Place: Comparative Law Institute Office Room A.1501 Assessm ent Oral presentation of team’s research paper Topic + Form of Num teaching - ber of Main Themes 27 Students’ preparation before class learning credit hours Theory cred it hour s Selfstudy cred it hour Legal systems of a number of East Asian countries: - Japanese legal system: + Sources of law + Court system + Legal education and profession - Chinese legal system: + Sources of law + Court system + Legal education and profession Socialist Law Family * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp 218 – 225 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 369 – 394, tr 401 - 414 * Reading Guide: - Michael Bogdan, “Comparative law”, Kluwer, Norstedts Juridik, Tano, 1994, pp 208 – 217 - Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 309 -334 Team work cred Team discussion of team research topic it hour Seminar cre dit Discussion of themes in topic 4+6 hou r Oral presentation of team research paper 28 cred it hour - What to consult: instruction on the way to learn for the best, on how to collect and use reference materials ; other questions relate to issues discussed in class Student - Time: Consulta From 08 am to 11 am, every Wednesday if class being held in the tion afternoon; From 2pm to 5pm, every Wednesday if class being held in the morning - Place: Comparative Law Institute Office Room A.1501 - The extent to which students get involved in the seminar - Oral presentation of team research paper Assessm - Submission of full semester assignment on the last class ent of week 10 SUBJECT POLICY - In compliance with the University’s Regulation; - All assignments shall be submitted in a specified date 11 METHODS AND TYPES OF ASSESSMENT 11.1 Regular Assessment - Class attendance check; - Evidence of participating in teamwork 11.2 Periodical Assessment Assessment Items % of Final Mark Assessing knowledge and attitudes to participate in seminar 10% Team assignment 15% Full semester assignment 15% 29 Final Exam  - - 60% General requirements with respect to all types of assignment Research paper shall be presented in A4 sheets The length of the research paper depends on the requirements applied to an individual type of assignment The upper margin: 3.0 cm; lower margin: 3.0 cm; left margin: 3.0 cm; right margin: 2.0 cm; font: Times New Roman; size: 14; line spacing: 1.5pt The length of research paper shall not exceed the page limit The redundancy shall not be evaluated and given any mark  Team Assignment - Research topic: each team shall choose a research topic from the list given by the principal course instructor; Length of the research paper: not exceed pages (A4); The essay should include the research topic’s name; a table of contents; and a bibliography Criteria for evaluating the research paper: - + Research question being defined clearly and reasonably + Analyzing the issue logically and directly + Diversified and interesting reference materials + Clear writing style & beautiful presentation Total points points point point 10 points 11.3 Full Semester Assignment - - Research topic: topic shall be chosen from a list given by the principal course instructor; students are permitted to select a research topic by themselves with an approval of the principal course instructor Length of research paper: not exceed pages (A4); The assignment must be written in prose style (using complete sentences), adhere to grammatical rules and use correct spelling 30 - (English US) It should be typed in Times New Roman font, using 1.5 spaced paragraphs and 14pt font size and the pages must be numbered The margins shall follow instruction in the above Sub-title (11.2) The essay should include a title page; a table of contents; and a bibliography Criteria for evaluating research paper: + Research question being defined clearly and reasonably + Analyzing the issue logically and directly + Diversified and interesting reference materials + Clear writing style & beautiful presentation Total points points point point 10 points 11.4 Final Exam Form of exam: True or false test which is able to require the examinees’ explanations for the reason why a statement is true or false (or not) and writing an analyzing essay based on the test question within 90 minutes Total mark: 10 points 31 TABLE OF CONTENTS Page 10 11 Course instructors’ information Prerequisites Course syllabus in brief Course syllabus in details Discipline’s overall objectives Detailed cognitive objectives Synthesis of cognitive objectives Reading materials Forms of teaching and learning Subject Policy Methods and types of assessment 32 3 15 16 18 31 31 ... Definition of Comparative Law - Objects of Comparative Law - Methods of Comparative Law The formation and development of Comparative Law The scientific and empirical significance of Comparative Law Grouping... world Comparative Law as an academic discipline Topic Civil Law Family The formation and development of Civil Law Family Structure of the law in Civil Law Systems Sources of law in Civil Law Systems... definition of to Comparative law Compa 1A2 Be able to rative understand the objects law of Comparative Law; two levels of law comparison 1A3 Be able to understand the methods of Comparative Law 1A4 Be