England and its former colonies, including the United States, are usually said to share the "common law tradition" - a set of legal institutions and practices that differ in important ways from the "civil law tradition" of Europe and Latin America. Among other things, the common law tradition is associated with jury trials, the "adversarial system," independent judges, and a strong preference for oral over written proof. Legal systems with these characteristics have often been celebrated as safeguards of individual rights and democracy. But the legal system of the United States is in fact very different from England's, and the "common law tradition," in either version, has its skeptics. This course will compare the common law tradition with the civil law tradition, and the American version of the common law system with England's version. We will examine the values and assumptions underlying each of these systems, and debate their relative merits and disadvantages.
4-5 units · Letter (ABCD/NP)
England and its former colonies, including the United States, are usually said to share the "common law tradition" - a set of legal institutions and practices that differ in important ways from the "civil law tradition" of Europe and Latin America. Among other things, the common law tradition is associated with jury trials, the "adversarial system," independent judges, and a strong preference for oral over written proof. Legal systems with these characteristics have often been celebrated as safeguards of individual rights and democracy. But the legal system of the United States is in fact very different from England's, and the "common law tradition," in either version, has its skeptics. This course will compare the common law tradition with the civil law tradition, and the American version of the common law system with England's version. We will examine the values and assumptions underlying each of these systems, and debate their relative merits and disadvantages.