Course
Legal culture and comparative law (BRV330)
The Norwegian legal culture has recently been under a lot of pressure. This is mostly due to the international obligations that the students learn more about in the courses BRV230 Human rights and BRV200 Norwegian and International Legal Institutions. These obligations lead to major changes in the Norwegian legal culture, as well as the other legal cultures that have ratified the same international obligations. In BRV330, we will learn about the Norwegian, English, American, French and German legal cultures and how they have become as they are today. Further on, we will discuss the challenges that these legal cultures face today due to the above-mentioned international obligations.
The course is taught in the autumn of 2021. It will then be moved to the spring semester and will be taught again from the spring semester 2024.
Dette er emnebeskrivelsen for studieåret 2021-2022
Semesters
Fakta
Emnekode
BRV330
Vekting (stp)
5
Semester undervisningsstart
Autumn
Undervisningsspråk
English
Antall semestre
1
Vurderingssemester
Autumn
Content
Learning outcome
Knowledge: Upon completion of the course, the students should:
- In terms of legal culture in general:
- Have the necessary background knowledge regarding law as culture
- Have knowledge about how legal cultures are formed
- Have knowledge about the encounter among legal cultures
- Have knowledge about legal cultures and reception of law
- Have knowledge about the tools used when analysing a legal culture
- Regarding the Norwegian, English, American, French and German legal cultures:
- Have general knowledge about common law and civil law
- Have knowledge of the Norwegian legal culture
- Have knowledge of the English legal culture
- Have knowledge of the American legal culture
- Have knowledge of the French legal culture
- Have knowledge of the German legal culture
- Have knowledge about the challenges that EU law and the European Convention on Human Rights are raising for the English, French and German legal cultures.
- To explain and discuss how legal cultures are composed by the legal cultural elements of conflict resolution, norm production, ideal of justice, legal method, degree of professionalisation and character of internationalisation.
- To explain and discuss the character of the abovementioned legal cultural elements in the Norwegian, English, American, French and German legal cultures.
- To be able to explain and discuss ongoing changes of the above mentioned legal cultural elements in the abovementioned legal cultures.
Skills: Upon completion of the course, the student should be able:
Forkunnskapskrav
Exam
Form of assessment | Weight | Duration | Marks | Aid | Exam system | Withdrawal deadline | Exam date |
---|---|---|---|---|---|---|---|
Homeexam | 1/1 | 28 Hours | Letter grades | Inspera assessment | — | — |
Vilkår for å gå opp til eksamen/vurdering
Fagperson(er)
Study Program Director:
Lana BubaloCourse coordinator:
Andrea MintoMethod of work
Åpent for
Emneevaluering
Litteratur
Book
Comparing legal cultures Sunde, Jørn Øyrehagen; Koch, Søren (red.), Bergen, Fagbokforlaget, 804 sider, [2020], isbn:9788245033946, Les artiklane: "Managing the Unmanageable - An Essay Concerning Legal Culture as an Analytical Tool" (Jørn Øyrehagen Sunde), «An Introduction to Norwegian Legal Culture» (Marius Mikkel Kjølstad, Søren Koch og Jørn Øyrehagen Sunde), «A Legal Cultural 'Take' on the Legal System of England & Wales» (Christian N. K. Franklin), «An Introduction to French Legal Culture» (Sunniva Cristina Bragdø-Ellenes), «An Introduction to German Legal Culture» (Søren Koch) og "A View of the Legal Culture of the United States of America" (Lloyd T. Wilson Jr.).