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学部・大学院区分
Undergraduate / Graduate
時間割コードRegistration Code

法学部0380070

科目区分

専門科目

Course Category

Specialized Courses

科目名

【日本語】

Course Title
科目名

【英語】

Comparative Law I (Common Law) （E）

Course Title
担当教員

【日本語】

Instructor
担当教員

比較法Ⅰ（英米法）（Ｅ）【英語】

Instructor
単位数

MCGINTY Sean Michael ○MCGINTY Sean Michael ○2Credits
開講期・開講時間帯

秋 木曜日 ４時限

Term / Day / Period

Fall Thu 4

対象学年

３年

Year

3

授業形態

講義

Course style

Lecture

授業の目的
【日本語】
Goals of theCourse(JPN)This course oﬀers an introduction to the common law world and its legal systems. The common law is one of themajor legal traditions of the world which exists in countries which historically received their legal system from theUnited Kingdom. This includes countries such as the United States, Canada, Singapore, India, Australia, New Zealandand others. These countries together make up one of the two major legal traditions in the world, the other being the
授業の目的

continental civil law system used in Europe and much of the rest of the world, including Japan.

【英語】
Goals of theThe course focuses both on the overall features of the common law as a system - its historical origins, the legal

Courseprofession and how the court process works - and on speciﬁc areas of substantive law. With regard to the latter it isprimarily 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 touchedupon.

到達目標
【日本語】
Objectivesof theCourse(JPN)

到達目標

The course intends to provide students with an understanding of the historical origins of the common law system,【英語】

how it develops rules and responds to changing social, economic and other demands placed on it, and how lawyers

Objectives

and judges in common law systems use the law to approach disputes that people in society encounter with eachof theother. As a comparative class, the diﬀerent approaches used among diﬀerent common law countries and in countries

Coursein the civil law world will be highlighted.

1. Introduction
2. The comparative study of law
3. The history of the common law in England: 1066 to 1875
4. The spread of the common law to other countries
5. The legal profession
授業の内容や6. The court process

構成

7. Mid Term ExamCourse

8. The law of contract

Content /9. Employment law

Plan

10. The law of tort 1
11. The law of tort 2
12. Property law 1: personal property
13. Property law 2: real property
14. Equity
15. Review

履修条件・関連する科目
CoursePrerequisites

None, though the course is only open to third year and above students.

and Related
Courses
成績評価の方法と基準
CourseEvaluation
Method andCriteria
教科書・テキスト
Textbook

50% Mid Term exam
50% Final exam
The ﬁnal grade in the course will be a letter grade based on the above results. In order to pass the course it isnecessary to receive a passing grade on both the mid term and ﬁnal exams.

There is not required textbook for the class, reading materials will be distributed online via the course's NUCT pagein the "resources" tab.

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

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

ReferenceBookFor 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 theirselections here:
https://www.cali.org/the-elangdell-bookstore

課外学習等（授業時間外学習の指示）
StudyLoad(Self-I recommend that you do the readings each week and come to class prepared to discuss them. The classes will bedirectedmostly lecture based but I do encourage class participation and I try to make room in each for some discussion.

LearningOutsideCourseHours)

注意事項

I think this is a great course for anyone interested in learning the basics of how the law works in most of the English

Notice forspeaking part of the world. I try to make the classes fun and hope you will both enjoy them and learn something inStudentsthem.

授業開講形態等Lecture
format, etc.
遠隔授業（オンデマンド型）で行う場
合の追加措置At the moment this syllabus was composed (July, 2021) it is still unclear what the Covid 19 situation will be like when

Additional

the course starts in October. In principle I would like to teach the class in person if that is possible, though if there

measuresare students who are unable to attend (for example if they are unable to enter Japan), then I will makefor remoteaccommodations to allow for remote learning as well.

class (ondemandclass)

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