Вандышева Елена Александровна
- The primary aim of the course is to form a complete understanding of approaches toward research on law in comparative perspective and ability to resolve typical legal conflicts and to prepare legal documents
- Understand the character and ready to use legal reasoning and argument
- Understand fundamental terminology
- Student is able to work in team.
- Able to identify scientific subject;
- Able to learn and demonstrate skills in the field, other than the major field;
- Know where and how to find legal acts and courts decisions
- Know the basic research methods in legal analysis
- Explain main legal concepts and ideas
- Be able to analyze a range of different ways of thinking about the nature of law
- Introduction: Modern legal familiesThe concept of legal family and its development. Definitions of legal family (legal system). The criteria of a taxonomy. Types of modern legal families and their characteristics. Continental or Romance-Germanic law family. Anglo-Saxon (Anglo-American) law family. Religious legal family. Mixed legal system.
- Legal norm
- Main legal conceptsApproaches to definition of legal understanding. Natural law (Jusnaturalism) and its characteristics. Etatism and its characteristics. Features of sociological type of legal understanding. Characteristics of psychological type of legal understanding.
- Sources of lawDefinition of sources of law. Kinds of sources of law and their legal force. Domestic and international sources. Federal and regional sources. Constitutions. Statutes. Court Opinions (the role of precedents). Administrative Regulations. The effect of law in time. Immediate effect (enforcement). Retroactive legality. Surviving of the legal act. Rules for legal acts enforcement and official publication. Termination of the action of legal act. The effect of legal act in space. Jurisdiction. The effect of law in personal. Immunities.
- Wrongdoing and legal accountabilityDefinition and features of wrongdoing. Types of wrongdoing. Elements of wrongdoing (corpus delicti). Delictual capacity. Sanity. Defendant's characteristic. Object of wrongdoing. External element. Mental element (mens rea). Legal responsibility (definition and forms).
- The effect of law in time, space and in personal
- Law making processParliament agenda formation and measuring. Characteristics of main stages of law making process. Legislative initiative. Preparation. Introduction. Committee Study. Floor Action. Action by the Second Chamber. Conference Committees. Promulgation.
- Legal relationship
- The concept of the Rule of Law
- Human rights protection
- Class activity
- Personal assignment on monitoring of law implementationFor preparing the project you need to cooperate with your classmate and organize project team (no more than 5 persons in 1 team). You need to provide detailed explanation concerning law implementation in chosen field (in any country). It could be freedom of press or freedom of expression or any other field). You need to chose some legal act (or few of them in concrete field), then to read no less than 10 scientific papers (from the database with electronic resources of HSE), then to find no less than 30 court decisions (for example, in the database of the European Court on Human Rights) and to describe law enforcement practice using criteria defined in the task. The paper should contain: 1. Introduction (common characteristic of selected law or legal acts - when the act (acts) was adopted, what kind of relationship it is regulated, main rules and procedures in chosen field). 2. Estimation of the quality of legislation (it should be based on the research papers: expert's opinion if the legislation in the chosen field is bad or good, are there some legislative gaps in regulation or judicial contradictions). 3. Evaluation of law implementation process (it should be based on the research papers and court decisions analysis): 1) characteristic of typical human rights violations; 2) misinterpretation of legal acts; 3) wrongdoing of government bodies and officials - you'll see these information in courtdecisions). 4. Conclusion (summary). 5. The list of sources.
- The final written examination
- Interim assessment (4 module)0.3 * Class activity + 0.3 * Personal assignment on monitoring of law implementation + 0.4 * The final written examination
- Brooks, T. (2014). Law and Legal Theory. Leiden: Brill. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=675680
- BERINZON, M., & BRIGGS, R. C. (2016). Legal Families Without the Laws: The Fading of Colonial Law in French West Africa. American Journal of Comparative Law, 64(2), 329–370. https://doi.org/10.5131/AJCL.2016.0012
- Brownlee, K. (2004). The Oxford Handbook of Jurisprudence and Philosophy of Law (Book). Journal of Moral Philosophy, 1(2), 229–231. https://doi.org/10.1177/174046810400100209
- CASANOVA, J. (2017). Islam, Gender, and Democracy in Comparative Perspective. OXFORD: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1506315
- Goh, B. C. (2016). Law Without Lawyers, Justice Without Courts : On Traditional Chinese Mediation. London: Routledge. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1431920
- Goldsworthy, J. D. (2006). Interpreting Constitutions : A Comparative Study. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2092575
- Guerrier, C. (2016). Security and Privacy in the Digital Era. London: Wiley-ISTE. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1339817
- Lautenbach, G. (2013). The Concept of the Rule of Law and the European Court of Human Rights (Vol. First edition). Oxford, United Kingdom: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=672428
- Li, L. (2017). Building the Rule of Law in China. Cambridge, MA, United States: Elsevier. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1433172
- Raz, J. (2011). From Normativity to Responsibility. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=458490
- The Oxford handbook of empirical legal research / ed. by Peter Cane; Herbert M. Kritzer. (2010). Oxford [u.a.]: Oxford Univ. Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.330885197