Unit rationale, description and aim

This unit provides students with a foundation in the study of law across different contexts. It encourages critical reflection on how legal systems, principles, and practices develop and operate in diverse environments. By engaging with a range of legal concepts and frameworks, students will develop the ability to analyse, compare, and evaluate legal approaches in a global setting.

The unit is designed to build core skills in legal reasoning, interpretation, and analysis while fostering an appreciation of the social, cultural, political, and economic factors that shape law. Students will be encouraged to think critically about the similarities and differences within and between legal systems, as well as the challenges of applying legal ideas across jurisdictions.

The aim of this unit is to equip students with the conceptual tools and methodological approaches needed to engage with law in a broader comparative, international, and contextual perspective. It prepares students to adapt their understanding of law to varied subject areas and emerging global challenges, supporting both academic progression and professional practice.

2026 10

Campus offering

No unit offerings are currently available for this unit.

Prerequisites

LAWS104 Foundations of Law and Legal Research OR LCRM107 Introduction to Research for Law, Human Rights and Criminal Justice Studies OR LHRG103 Legal Institutions and Human Rights

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

Describe and critically evaluate the law of differ...

Learning Outcome 01

Describe and critically evaluate the law of different legal systems
Relevant Graduate Capabilities: GC1, GC7

Compare and contrast the approaches of various jur...

Learning Outcome 02

Compare and contrast the approaches of various jurisdictions with those of the Australian legal system, identifying similarities, differences and points of convergence
Relevant Graduate Capabilities: GC3, GC9

Apply comparative and analytical methods to evalua...

Learning Outcome 03

Apply comparative and analytical methods to evaluate legal issues across multiple jurisdictions
Relevant Graduate Capabilities: GC2, GC8

Content

Topics will include: 

1. Historical foundations of comparative law

2. Nature, aims and limits of comparative law

3. The division of global jurisdictions into legal families, with special attention on the Common Law and the Civil Law traditions

4. Comparative analysis of specific areas of law

5. Comparative legal theory

6. Comparative law as a methodology

7. Extra-legal considerations in comparative analysis

Assessment strategy and rationale

The assessment strategy is designed to assess knowledge, skills and understanding of law and legal theory in a global and comparative context.

In order to pass this unit, students must demonstrate achievement of all learning outcomes and obtain an aggregate mark of at least 50%. Each assessment task is marked using a rubric designed to evaluate performance against specific learning outcomes. A final grade is awarded based on overall performance across the unit.


Overview of assessments

Assignment 1: Participation and Engagement Stud...

Assignment 1: Participation and Engagement

Students are required to attend tutorials and actively contribute to discussions and activities, demonstrating their capacity to research, analyse and communicate ideas, arguments and findings through a critical and comparative perspective. 

Weighting

50%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC3, GC7, GC8, GC9

Assignment 2: Critical Analysis Students are req...

Assignment 2: Critical Analysis

Students are required to demonstrate their ability to critically evaluate a topic or legal problem associated with comparative law. This assessment may take the form of a research essay, a letter of advice, a presentation, or another appropriate evaluation

Weighting

50%

Learning Outcomes LO1, LO2, LO3
Graduate Capabilities GC1, GC2, GC3, GC7, GC8, GC9

Learning and teaching strategy and rationale

Mode: Lectures, tutorials, electronic consultation, library tasks and presentations or Online lectures and activities.

Duration: 3 hours per week over 12 weeks or equivalent. Students are expected to spend 150 hours in total for this unit.

This level two elective unit allows students to demonstrate knowledge, skills and understanding of law and legal theory in a global and comparative context.

Our strategy is to encourage students to creatively engage with the unit content using a comparative method.

The unit is designed to be delivered in intensive, weekly or online mode. We have taken a multimodal learning approach to provide accessibility and flexibility to our students and a student-focused approach that increases depth of learning and engagement through actively utilising Canvas.

Representative texts and references

Representative texts and references

• Mathias Siems, Comparative Law (3rd ed, Cambridge University Press, 2022)

• Mathias Siems and Po Jen Yap (eds), The Cambridge Handbook of Comparative Law (Cambridge University Press, 2024)

• Jan M Smits (ed), Elgar Encyclopedia of Comparative Law (2nd ed, Edward Elgar, 2012)

• Fernanda G Nicola and Günter Frankenberg, Comparative Law: Introduction to a Critical Practice (Edward Elgar, 2024).

• Sabrina Ragone and Guido Smorto, Comparative Law: A Very Short Introduction (Oxford, 2023)

• René David (ed), International Encyclopedia of Comparative Law, Vol 2, The Legal Systems of the World / Their Comparison and Unification (Brill, 2020)

• Geoffrey Samuel, An Introduction to Comparative Law Theory and Method (Hart Publishing, 2014)

Locations
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