030490 KU Comparative Law in Theory and Practice (2014W)

In course of the 20th century, there arose a strong movement favoring massive comparative studies and postulating, as the ultimate aim of such studies, the unification of all "civilized" legal systems and the adoption of "Western" legal models in the developing world. On the other hand, it is argued that legal systems reflect the values of diverse cultural and legal traditions and that this diversity should not be turned into homogeneity. Comparative law is thus considered a way of describing and understanding diversity. Against the background of these tow approaches, this course deals with the classification of different legal traditions, their similarities and differences, their reciprocal influence and their relation in the context of globalization and development. We will discuss how comparative law is used by international institutions like the World Bank, in development programms, in unification projects of the European Union and in conflicts that arise from legal pluralism. For further information see www.judithschacherreiter.blogspot.com