Content

During the course we will be working from theory to practice. In the first place the ‘state of the art’ literature on the methodology of comparative legal research will be lectured about and discussed, and subsequently this literature will be put to the test by applying it to specific topics. By doing so, the course will thus be explicitly focused on furthering research skills, but at the same time concrete topics and issues will be presented and knowledge about these topics will be gained.

The concrete topics to be discussed and debated present a mix of issues of private and public law, as well as a more general topic, i.e., the argumentative practice of the French Cour de cassation. The topics are addressed from a variety of methodological approaches, including, but not limited to, traditional and contemporary versions of the functional method, critical and argumentative methods, comparative law and economics.

Course material

Materials put at the disposal of the students by the teachers.

Format: more information

Class I: Methodology of comparative legal research 
Discussion of different comparative law methodologies on the basis of assigned literature

Classes II-V: Methodology of comparative legal research put to the test

Topics include: comparative contract law in a European perspective (interpretation, conditions, DCFR); the argumentative practice of highest courts; comparative law and economics of penalty clauses and/or in company law; regulation of euthanasia

For some meetings, students are asked to prepare a short written assignment based on the assigned literature.

Students can give a voluntary presentation during the meetings (they should contact the lecturer primarily responsible for the session in question at least one week in advance).

Students are expected to write a final paper on a comparative law topic of their choice, in which they are to pay explicit attention to the various methodological choices they have made, in view of the concrete issue they have chosen to analyse and the purpose(s) of their comparative research.

Class VI (whole day): presentations by the students of their final paper