学部・大学院区分 Undergraduate / Graduate		法・専学

時間割コード Registration Code		9350600

科目区分 Course Category		基礎法学・隣接科目 Basic Law and Related Courses

科目名　【日本語】 Course Title		比較法Ⅰ

科目名　【英語】 Course Title		Comparative LawⅠ

担当教員　【日本語】 Instructor		MCGINTY Sean Michael ○

担当教員　【英語】 Instructor		MCGINTY Sean Michael ○

単位数 Credits		2

開講期・開講時間帯 Term / Day / Period		春月曜日３時限 Spring Mon 3

対象学年 Year		１年 1

授業形態 Course style		演習 Seminar

授業の目的　【日本語】
Goals of the Course(JPN)

This course offers an introduction to the common law world and its legal systems. The common law is one of the major legal traditions of the world which exists in countries which historically received their legal system from the United Kingdom. This includes countries such as the United States, Canada, Singapore, India, Australia, New Zealand and others. These countries together make up one of the two major legal traditions in the world, the other being the continental civil law system used in Europe and much of the rest of the world, including Japan.
This course is only offered in English.

The course focuses both on the overall features of the common law as a system - its historical origins, the legal profession and how the court process works - and on specific areas of substantive law. With regard to the latter it is primarily focused on private law – the legal rules which govern relations between private individuals. This includes areas such as contract law, employment law, property law, trusts and torts. The realm of public law – the legal rules which govern the relationship between private individuals and the state such as criminal law - will be briefly touched upon.

授業の目的　【英語】
Goals of the Course

This course offers an introduction to the common law world and its legal systems. The common law is one of the major legal traditions of the world which exists in countries which historically received their legal system from the United Kingdom. This includes countries such as the United States, Canada, Singapore, India, Australia, New Zealand and others. These countries together make up one of the two major legal traditions in the world, the other being the continental civil law system used in Europe and much of the rest of the world, including Japan.

The course focuses both on the overall features of the common law as a system - its historical origins, the legal profession and how the court process works - and on specific areas of substantive law. With regard to the latter it is primarily focused on private law – the legal rules which govern relations between private individuals. This includes areas such as contract law, employment law, property law, trusts and torts. The realm of public law – the legal rules which govern the relationship between private individuals and the state such as criminal law - will be briefly touched upon.

到達目標　【日本語】
Objectives of the Course(JPN)

This course is only offered in English.

The course intends to provide students with an understanding of the historical origins of the common law system, how it develops rules and responds to changing social, economic and other demands placed on it, and how lawyers and judges in common law systems use the law to approach disputes that people in society encounter with each other. As a comparative class, the different approaches used among different common law countries and in countries in the civil law world will be highlighted.

到達目標　【英語】
Objectives of the Course

The course intends to provide students with an understanding of the historical origins of the common law system, how it develops rules and responds to changing social, economic and other demands placed on it, and how lawyers and judges in common law systems use the law to approach disputes that people in society encounter with each other. As a comparative class, the different approaches used among different common law countries and in countries in the civil law world will be highlighted.

授業の内容や構成
Course Content / Plan

April 11: Introduction
April 18: The comparative study of law
April 25: The history of the common law in England: 1066 to 1875
May 2: The spread of the common law to other countries
May 9: The legal profession
May 16: The court process
May 23: Mid Term Exam
May 30: The law of contract
June 6: Employment law
June 13: The law of tort 1
June 20: The law of tort 2
June 27: Property law 1: personal property
July 4: Property law 2: real property
July 11: Equity
July 18: Review
July 25: Final Exam

履修条件・関連する科目
Course Prerequisites and Related Courses

Advanced fluency in English is required.

成績評価の方法と基準
Course Evaluation Method and Criteria

50% Mid Term exam
50% Final exam

The grade (whether one has passed or not) will be determined in accordance with the grading standards established in Nagoya University Graduate School of Law's Curriculum Policy.

The final grade in the course will be a letter grade based on the above results. In order to pass the course it is necessary to receive a passing grade on both the mid term and final exams.

教科書・テキスト
Textbook

There is not required textbook for the class, reading materials will be distributed online.

参考書
Reference Book

Though not required reading those interested in learning in more detail about the history of the common law may find this book useful:

J.H. Baker, An Introduction to English Legal History (Oxford, 2019 5th edition)

For those interested in learning more about specific areas of American law, the eLangdell Press offers an excellent array of FREE textbooks on various areas which are very useful and I do recommend them. You can browse their selections here:
https://www.cali.org/the-elangdell-bookstore

課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours)

I recommend that you do the readings each week and come to class prepared to discuss them. The classes will be mostly lecture based but I do encourage class participation and I try to make room in each for some discussion.

注意事項
Notice for Students

This course is entirely taught and evaluated in English and involves extensive reading of cases in English. Active participation in discussion is also expected.

授業開講形態等
Lecture format, etc.

授業開講形態（対面遠隔併用で実施する授業一覧）は、名古屋大学大学院法学研究科ホームページの「NEWS ニュース」に掲載します。URL：https://www.law.nagoya-u.ac.jp/
※履修登録後に授業形態等に変更がある場合には、NUCTの授業サイトで案内します。
List of hybrid classes employing both face-to-face and remote teaching methods will be posted in the "News" of the homepage of the Graduate School of Law.

遠隔授業（オンデマンド型）で行う場合の追加措置
Additional measures for remote class (on-demand class)