Legal Studies

Full course description

This course aims to introduce students to the general content of modern law and to the discipline of legal reasoning. These two go together. Law cannot be fully understood in abstraction of the particular way that lawyers, judges and other expert operators of the legal system look at it. Coming  out of the course, students should be able to understand what law is and how it is different from (and similar to) morality, identify the main branches of Law and their basic institutions, recognize and differentiate the principal values underlying those branches and understand the nature of legal  reasoning and be able to apply it to legal problems. 

It is often assumed that to study law means essentially to study the law of a particular jurisdiction. A Dutch lawyer studies Dutch law and a German lawyer studies German law, and there is little that they share beyond the name of their chosen profession. This picture is misleading. Despite the fact that every country establishes its own legal system, there is much less diversity in law than what one would imagine. A key theme of this course is that law arises naturally as a solution to various social problems and, to the extent that human societies face the same problems, similar responses appear almost everywhere. Even though details may vary, contract, property, inheritance, marriage, constitutions and crimes exist in almost all modern societies. Instead of focusing on specific sets of rules like the Dutch Civil Code, or the French Criminal Code, this course focuses on these widely shared problems and widely shared institutional responses. 

With regards to legal reasoning, the course asks students to create a tax, which will help them understand how law can be used as a policy tool for regulatory and redistributive purposes. In this connection, the course will also include a “workshop” where students will be asked to go through a high profile judgment and identify the logical moves taken by a court to justify its decision.

Course objectives

• To introduce students to the basic areas of law (contracts, property, torts, criminal law, international law etc.). 

• To familiarize students with the methods of legal reasoning. 

• To illustrate to students how law arises in response to social problem and how it is different from other domains such as politics and morality. 

This course introduces students to the interdisciplinary research field of Transitional Justice which may include both judicial and non-non-judicial mechanisms, with different levels of international involvement and individual prosecutions, reparations, truth-seeking, institutional reform, vetting, and dismissals. The course explores the Nuremberg and Tokyo trials, the aftermath of colonialism in Africa and Indonesia, the aftermath of communism, truth and reconciliation in South Africa, and different types of retributive justice in dealing with the Rwandan genocide. This course looks at the effectiveness of the Transitional Justice mechanisms, its measure of effectiveness on a state level, and statistical outcomes.

This is a tutorial for the course INTRODUCTION TO FRENCH JUDICIAL SYSTEM. This course provides an introduction to French law and the judicial system. Students learn about the judicial organization, fundamental rights, the differences between a natural and a legal person, as well as the rules to carry out a contract. Topics like criminal, civil, and administrative liability are also taught.

This course examines the cultural and institutional languages within which contemporary law is communicated, expressed and understood. Official and unofficial texts of law are situated in relation with literature, music and podcasts, photography and other visual arts, as well as architecture and urban design. Our examples are selected to provide a representative sample of the main areas of legal study, such as criminal law, contract and torts, equity, administrative and constitutional law, jurisprudence, treaty and native title. Throughout, the justice of the case will be evaluated.

Criminal justice refers to the agencies of the government charged with enforcing law, adjudicating crime, and correcting criminal conduct. The major components of the criminal justice system are the police, courts and correctional agencies. Although society maintains other forms of social control such as the family, school, and church, only the criminal justice system has the power to control crime and punish criminals. However, can the police arrest all criminals? Does crime pay? Does punishment deter? This course is specially designed to critically examine whether the criminal justice system is an effective way to deal with crime.m.

This course provides a comprehensive introduction to the law and practice of international dispute settlement. The course begins with an introduction to the obligation to settle international disputes peacefully and an overview of the fundamental principles of dispute settlement. The course then explores the non-judicial means of dispute settlement: negotiation, mediation, good offices, inquiry, and conciliation. Thereafter, the course focuses on the judicial settlement of disputes by international courts and tribunals, in particular the International Court of Justice, the United Nations Convention on the Law of the Sea dispute settlement mechanisms, the dispute settlement procedures and mechanisms of the World Trade Organization, and arbitral tribunals in both inter-State and investor-State disputes. The course concludes by addressing select issues related to international dispute settlement, namely provisional measures, landmark cases (such as the South China Sea arbitration), and contemporary issues such as compliance with judicial and arbitral decisions, and the politics of international investment law. Throughout the course, not only the “law,” but also the “politics” of dispute settlement are addressed.

This course examines the basic principles of maritime law and international conventions, including: contract of carriage, maritime collision, salvage, general average, limitations of liabilities and insurance.