Comparative Legal Systems
Code
LL138
Department
Área de Ensino
Credits
4
Teacher in charge
Jorge Carvalho
Weekly hours
3
Teaching language
Português
Objectives
The fundamental aim of this first comparative subject is to provide students with an awareness of the relativity of national law, and the diversity and interaction of legal systems and, thus, to provide students with an awareness of the relevance of the comparative studies and with the fundamental methodological skills required to carry out these studies. In order to do this, following a preliminary approach to the main legal systems families, information will be provided concerning legal systems that, being similar to the Portuguese legal system (the French, German, English and U.S. systems), seem to have more relevance in the formation of the jurists intended to act in the context in which this School is integrated. The course also provides the means to develop the knowledge acquired in other introductive subjects of the course and to prepare methodological training, particularly via basic concepts regarding legal comparison.
Subject matter
The diversity of legal systems. Methodology; comparative grid. Families of contemporary law. Civil law systems, with special focus on France, Germany and Portugal. Common law legal systems, with special focus on English and American law. Muslim legal systems. Introduction to comparative techniques.
Bibliography
DAVID & JAUFFRET-SPINOSI, Les Grands Systèmes de Droit Contemporains, 11ª ed., Paris, 2002
FERREIRA DE ALMEIDA, & MORAIS CARVALHO, J., Introdução ao Direito Comparado, 3ª ed., Coimbra, 2013
GAMBARO, A. & SACCO, R. - Sistemi giuridici comparati, Torino, 1996
MOURA VICENTE, D., Direito Comparado, 3ª ed., Coimbra, 2014
ZWEIGERT & KÖTZ, Einführung in die Rechtsvergleichung, 3ª ed., Tübingen, 1996 (trad. inglesa: An Introduction to Comparative Law, 3ª ed., Oxford, 1998)
Teaching method
All classes will be a dialogue between the teacher and the students. Student participation is encouraged and fundamental. Practical teaching is via the analysis and comments on legal textbooks, selected by the teacher, presented, whenever possible, in the original languages.
Evaluation method
Written examinations. The classification in the final test will be increased by written and oral continuous assessment.