The course is an elective course.
The rationale of the course is three-fold fold:
(1) to introduce students to Roman law and the fundamental concepts of the Civil law, to prepare them to legal practice in the increasingly globalised legal environment;
(2) to enhance the understanding of the common law and its evolution;
(3) to enhance the understanding of Private Law of Property, Contract and Torts though: awareness of the genesis and evolution of the legal concepts, formative for the whole Western legal tradition
The course focus is on (i) the basic concepts of Roman Law, (ii) the ius commune development of the main concepts of Property and Law of Obligations, and (iii) on the comparative overview of the evolution of the Common law.
The course consists of two (unequal) parts.
The major part of the course focuses on the framework of basic Roman law concepts as relating to the conceptual distinction between Law of Property and Law of Obligations (Contract and Torts), as well as the evolution of the Roman law basic concepts in the medieval and early-modern civil law (modern definition of ownership and possession, generalised notions of consensual contract and fault (intention and negligence) in the Law of Delict (Torts).
In its concluding part, the course is to offer a comparative overview of the evolution of the common law : the writ system (with its fusion of procedural and substantial law, difficulty of distinction between ‘real’ and ‘personal’ actions), the focus on seisin /possession, not ‘ownership’ in Property Law , the emergence of Contract from Torts.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
Intended learning outcomes1. explain and outline in a coherent and advanced fashion, the principles of aspects of Roman law and the foundations of the common law from a Comparative Law perspective;
2. analyse and critically evaluate legal concepts covered in the course and to present an argument in a well-structured manner;
3. locate and interpret the relevant legal sources;
4. plan and complete a legal research project, with some independence;
5. recognise and apply interpersonal communication and team-work skills, including the ability to communicate a coherent body of knowledge to a variety of audiences such as peers and the lecturer/tutor.
Effective learning in this course will be achieved by a combination of:
1. Reading, analysing and critically reflecting upon the required reading each week;
2. Critically reflecting upon and engaging with ideas and discussion generated in lectures;
3. Participating in weekly tutorials [including preparation on the basis of the set tutorial material];
4. Engaging in informal discussion with one’s peers about the issues and ideas encountered in this course.
Indicative Assessment
1. Written assignment2. Tutorial participation
3. Research essay
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.Requisite and Incompatibility
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2017 | $3216 |
- International fee paying students
| Year | Fee |
|---|---|
| 2017 | $4590 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.