DETAILED OUTLINE comparative law

- The concept, formation and development of comparative law; - Research Objects of Comparative Law; - Research Methods of Comparative Law; - Scientific and empirical significance of Comp

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

1 COURSE INSTRUCTORS’ INFORMATION

1 Dr Nguyen Toan Thang – Lecturer, Director, Comparative Law Institute,

4 PhD Candidate Đang Thi Hong Tuyen (LLM) – Lecturer,

Comparative Law Institute

7 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

3 COURSE SYLLABUS IN BRIEF

Comparative Law is a subject that equips students withfundamental knowledge of major legal systems of the world by usingcomparative approach

The course is divided into two main parts: (1) General part(Comparative Law in Brief; and (2) Detailed part (Major legal systems ofthe 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

4 COURSE SYLLABUS IN DETAILS

Topic 1 Comparative Law in Brief

1 General Considerations

- Definition of Comparative Law

- Objects of Comparative Law

- Methods of Comparative Law

2 The formation and development of Comparative Law

3 The scientific and empirical significance of Comparative Law

4 Grouping of legal systems of the world

5 Comparative Law as an academic discipline

Topic 2 Civil Law Family

1 The formation and development of Civil Law Family

2 Structure of the law in Civil Law Systems

3 Sources of law in Civil Law Systems

4 Typical legal systems of Civil Law Family

Topic 3 Common Law Family

1 The formation and development of Common Law Family

2 Typical legal systems of Common Law Family

Topic 4 Socialist Law Family

1 The formation and development of Socialist Law Family

2 CCCP legal system – the typical legal system of Socialist LawFamily

Topic 5 Muslim Law Family

1 Muslim Law

2 The law of the Muslim countries;

Topic 6 Legal systems of a number of East Asian countries

1 Japanese legal system

2 Chinese legal system

5 DISCIPLINE’S OVERALL OBJECTIVES

- Developing students’ ability to analyze, synthesize, and evaluate legalsystems;

- Forming and developing law comparing skills for students, which can

be used in their career later

- 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

6 COGNITIVE OBJECTIVES IN DETAILS

understand the 4 issues

should bear in mind

while study foreign

1B2 Be able to

distinguish between micro and macro comparison

1B3 Be able to

distinguish between Comparative Law as

an academic discipline and as a research method in Legal Science

1B4 Be able to

analyze the 4 issues that should receive additional attention from the researcherswhile studying Comparative Law

1C2 Be able to

analyze and evaluate the current situation and future development of Comparative Law

in Vietnam

1C3 Be able to

evaluate taxonomy criteria to classify legal systems of the world

institutes, researchers and

typical research work

criteria for classifying

legal systems of the

world

decisive elements that have impact on the similarities and differences between legal systems

1B6 Be able to

analyze the scientific and empirical significance of Comparative Law

Corpus Juris Civilis

2A4 Understand the

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

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

formation and

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

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

4 fundamental law

sources in Civil Law

countries

codification movement in Continental European countries

2B3 Be able to

analyze reasons for the expansion of Civil Law Family

2B4 Be able to

interpret reason for the division betweenpublic and private law

2B5 Be able to

analyze the influence of Roman Law on public and private law

2B6 Be able to

interpret reason for the similarities and differences amongstpublic law and private law between Civil Law countries

2B7 Be able to

analyze the roles and niche of individual source of law in Civil Law systems

2C3 Be able to

comment upon reason for the influence of Civil Law tradition on Vietnamese legal system

2C4 Be able to

comment upon the fundamentals of theFrench and Germanlegal systems

2C5 Be able to

comment upon the French and GermanCivil Code and theirimpacts on those of other countries around the world

2C6 Be able to

evaluate legal education in France and Germany, and

to draw possible lessons for Vietnam

2C7 Be able to

comment upon legal profession in France and

Germany, and to

2A11 Understand

fundamental issues of

the French and German

legal systems (law

sources, court system,

legal education and

legal profession)

2B8 Be able to

compare, analyze the similarities and differences between the French and German legal 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 Franceand Germany

draw possible lessons for Vietnam

3B2 Be able to

present the formation and development of the

3C1 Be able to

draw the differences betweenCommon Law and equity

3C2 Be able to

comment upon legal education in the UK; and possible lessons for

Common Law Family.

3A4 Be able to state

the overall reason for

the expansion of the

Common Law Family

roughly describe the

UK court system and

UK legal system

3B5 Be able to

compare legal education in the UKand 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

Vietnam

3C3 Be able to

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 UKand 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

law, the rule of case

law application in the

US legal system

3A10 Be able to

roughly describe the

US court system, the

relationship between

state and federal court

systems; the respective

US Constitution in the country’s law sources

3B9 Be able to

clarify the similarities and differences in the organizational structure between the US and German court system

3B10 Be able to

interpret the reasonsfor the similarities and differences between the UK and

US legal systems

3B11 Be able to

compare legal education in the US and UK

3B12 Be able to

clarify the fundamental similarities and differences between legal professions in the UK, US,

legal profession in anumber of countriesaround the world; possible lessons for Vietnam

legal system – the

typical legal system of

Socialist Law Family

4B1 Be able to

interpret the reasonsfor demand on law reformation in Socialist countries

4C1 Be able to

comment upon the crisis of Socialist Law Family

4C2 Be able to

comment upon the point of view that Socialist Law Family is only a branch of Civil Law Family

present the concept,

features, formation and

making Muslim Law

to adapt the modern

society

5B1 Be able to

clarify the fundamental similarities and differences betweenMuslim Law and Canon Law

5B2 Be able to

analyze the contents, significances of 4 law sources of Muslim Law

5C1 Be able to

evaluate the influence of Muslim Law on a number of

countries around the world

5C2 Be able to

give your own opinion on the ability to apply a number of legal institutions of

5A4 Be able to

present roughly the

law of the Muslim

Muslim Law in the modern society

Japanese court system,

the authorities of each

court

6A3 Be able to

present fundamental

law sources of

Japanese legal system

6A4 Be able to present

roughly legal education

(training forms and

of Japanese legal system

6B2 Be able to

clarify the main similarities and differences related

to organization between court system in the UK and court system in Japan

6B3 Be able to

identify the level of law sources of Japanese legal system

6C1 Be able to

comment upon influences of culture on Japanese legal system

6C2 Be able to

comment upon legal education in Japan currently and possible lessons for Vietnam

6C3 Be able to

compare legal education and legal professions in China and those in Vietnam, possible lessons for

Vietnam

6C4 Be able to

comment upon features of Socialist

present formation and

development stages of

Chinese legal system

6A7 Be able to

roughly describe

Chinese court system,

the authorities of each

present roughly legal

education and legal

professions in China

6B4 Be able to

compare legal education in Japan and that in France, Germany, UK, US

6B5 Be able to

compare court system in China andthat in Japan

6B6 Be able to

analyze the roles of legislation in Chinese legal system

6B7 Be able to

compare legal education and legal professions in Chinaand a number of countries around theworld

Law Family expressed in Chinese legal system

7 SYNTHESIS OF THE CORNITIVE OBJECTIVES

4 Trường Đại học Luật Hà Nội, Giáo trình luật so sánh, Nxb Công

an nhân dân, Hà Nội, 2017, 2018

Liên bang Đức”, Tạp chí luật học, số 2/1998.

3 Nguyễn Thị Ánh Vân, “Hiểu thế nào về sử dụng luật so sánhtrong nghiên cứu và giảng dạy luật”, Tạp chí luật học, số 10/2006

4 Nông Quốc Bình, “Tìm hiểu về Common Law”, Tạp chí luật học,

7 Nguyễn Thị Ánh Vân, “Cải cách tư pháp ở Anh và những ý kiến

về cải cách tư pháp ở Việt Nam trong thời gian tới”, Tạp chí luật học, số 8/2007

8 Nguyễn Thị Ánh Vân, “Xu hướng mới trong đào tạo luật ở Nhật Bản và vài gợi mở cho đào tạo luật ở Việt Nam”, Tạp chí nhà nước và pháp luật, số 7(225)/2009

9 GS.TS Roland Fritz, M.A., “Hệ thống tài phán hành chính Cộng hòa liên bang Đức”, Tạp chí Luật học, số 9/2011

C OPTIONAL REFERENCE MATERIALS

3 A Harding & E Orucu (Editors), “Comparative Law in the 21st Century”, Kluwer academic Publishers, 2002

4 Michel Fromont, “Các hệ thống pháp luật cơ bản trên thế giới”, Nxb Tư pháp, Hà Nội, 2006.

5 Nguyễn Đăng Dung, Bùi Xuân Đức, “Luật hiến pháp của các nước tư bản Phần phụ lục, Hiến pháp Mỹ, Pháp, Nhật, Cộng hoà Liên bang Đức, Anh”, Trường đại học tổng hợp Hà Nội, Khoa luật, 1994

9 FORMS OF TEACHING AND LEARNING

9.1 Overall Working Plan for the formal first degree, full-time training

term assignments allocation

- The extent to which team members get

9

involved in teamwork

- The extent to which team members get involved in the seminars

- Submission ofteam

assignment andmake oral presentation

10

- The extent to which team members get involved in the seminars

- Submission ofteam

assignment andmake oral presentation

10

which team members get involved in the seminars

- Submission ofteam

assignment andmake oral

8

presentation

- The extent to which team members get involved in the seminars

- Submission ofteam

assignment andmake oral presentation

- Submission ofterm

assignment

8

Total

16 class hours

30 class hours

14 class hour s

21 class hours

= 16 credit hours

= 15 credit hours

= 07 credi

t hour s

= 07 credi

t hour s

45 credit hours

9.2 Overall Working Plan for the second degree, in-service training and for training at the Campus

term

assignments allocation

- The extent to which team members get involved in teamwork

24

- The extent to which team members get involved in the seminars

- Submission ofteam

assignment andmake oral presentation

21

Total

16 class hours

30 class hours

14 class hour s

21 class hours

= 16 credit hours

= 15 credit hours

= 07 credi

t hour s

= 07 credi

t hour s

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

subject’s name, reading guides, concepts, legal terms/jargon

- 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

- Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND, Hà Nội, 2017, tr 7

- Scientific and empiricalsignificance of

Comparative Law

* 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

- How to group legal systems of the world.

CAND, Hà Nội, 2017, tr 46 - 68

- Giáo trình luật so sánh, Trường Đại học Luật Hà Nội, Nxb CAND,

Hà Nội, 2017, tr 103 - 117

- M.A Glendon, M.W Gordon, 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

- 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, TrườngĐại học Luật Hà Nội, Nxb.CAND, Hà Nội, 2017, tr 143 -