Face-to-face , first and second term, 60 hours of theory.

View timetable

The course, supports and examination are in English.

This course aims to introduce the students to the fundamental issues that occur in Anglo-American law. It has two main aims: to get to know a specific legal tradition and also another language and culture.

A good (active) knowledge of English is required to follow this course.

The first part of the course attempts to understand the different significations of Common Law, highlighting English Law.
The possibility will be given to deal with the relations between Common Law and Local Customs, Equity, and Statutory Law. The rule of judicial precedent (stare decisis) will be paid special attention, through the study of many applications before the UK courts. The following part of the course will analyse American Law, with a special attention paid to contemporary issues (1st Amendment of the U.S. Constitution, Law of Torts and Punitive Damages).

This introductory course covers the main features of Common Law. In geographical terms, reference is primarily given to English law, certain characteristics of Scots law, as well as American law. In terms of substance, during the first semester particular emphasis is placed on English Law. This entails, among others, a thorough investigation of the meaning of judicial precedent and common law reasoning. The current meaning and relevance behind the dichotomy of Common Law and Equity is developed with a historical overview and an analysis of different common law and equitable remedies. With a view to understanding recent constitutional developments in the United Kingdom, the first part of the course also highlights watershed cases that have been delivered since the enactment of the Human Rights Act 1998, which incorporated the European Convention on Human Rights into the United Kingdom law. The course also discusses the existence of “constitutional statutes”, the issue of “devolution” (towards Wales, Scotland and Northern Ireland), as well as reform of the House of Lords and attempts to reform the status of the Monarchy. The awkward relationship between English law and EC law is also dealt with. The second part of the course is more particularly interested in American law. Recent constitutional developments are analyzed, highlighting the role of the United States Supreme Court, the quest for a balance of power between the Federal government and the States, as well as recent cases delivered by the United States Supreme Court concerning habeas corpus, military commissions, and the Bush doctrine after September 11, 2001.

The course is an ex cathedra lecture interspersed by discussions about the texts, which the students should have read and analyzed in advance. These discussions will sustain the theoretical developments, in the way of more in depth seminars. They will also develop the capability of the students to have a discussion in English and acquire a certain fluency. Besides the textbook and the course outline, a PowerPoint presentation will complete the lectures. Two books accompany the course:
1. For the first semester: Penny Darbyshire, Darbyshire on the English Legal System, 9th Ed. (London : Sweet and Maxwell, 2008).
2. For the second semester: Geral Paul McAlinn, Dan Rosen, John P. Stern, An Introduction to American Law (Durham : Carolina Academic Press, 2005).

The final assessment is a written examination (± 3 hours) on the definitions of ad hoc legal concepts (e.g. “voir dire”), on the analysis of a text studied in class, and a text that has not been studied in class (but that refers to a studied subject). The students are also encouraged to develop a reflection on a broader subject (selected among several proposed). The assessment takes into account the understanding of the subjects studied in class, the structure of the reasoning, the argumentation, the capacity to analyse and synthesise as well as the ability to make links between the different parts of the course. The quality of writing, clarity of the presentation and correctness of style and spelling are also taken into account.
Only a common English-French/French-English dictionary is allowed during the exam. Legal dictionaries are prohibited.

Recommended or required reading:
- The bibliography of the course includes - summarily - the following works:

11. Allen, Michael and Thompson, Brian, Cases & Materials on Constitutional and Administrative Law, 6th ed. (London: Blackstone Press Ltd., 2000).
12. Atiyah, P.S. and Summers, R.S., Form and Substance in Anglo-Amercican Law (Oxford: Clarendon Press, 1987).
13. Beale, H., et al., Contract Law (Common Law of Europe Casebooks) (Oxford: Hart Publishing, 2002).
14. Beatson et al. (eds.), Constitutional Reform in the United Kingdom : Practice and Principles (Oxford: Hart Publishing, 1998).
15. Cardozo, B., The Nature of the Judicial Process (New Haven and London: Yale Univerity Press, 1921).
16. Chitty, Chitty on Contracts, 2 vol. 26th ed. (London: Sweet & Maxwell, 1989).
17. Craig, P.P., Administrative Law, 3rd ed. (London: Sweet & Maxwell, 1994).
18. Cross, R., and Harris, J.W., Precedent in English Law (Oxford: Clarendon Press, 1991).
19. David, René, English Law and French Law (London: Stevens & Sons, 1980).
20. Denning, Lord, The Discipline of Law (London: Butterworths, 1979).
21. Devlin, Lord, The Judge (Oxford: Oxford University Press, 1981).
22. Keenan, Denis, English Law, 13th ed., (London: Longman 2001).
23. Llewelleyn, K., The Bramble Bush (New York: Oceana, 1975).
24. Reed, Charles P. (editor), English Legal System, 18th ed. (London: HLT Publications, 1996).
25. Reed, Charles P. (editor), English Legal System : Student Casebook, 7th ed. (London: HLT Publications, 1996).
26. Slapper, Gary and Kelly, David, The English Legal System, 5th ed. (London: Cavendish Press Ltd., 2001).
27. Smith, J.C., A Casebook on Contract, 9th ed. (London: Sweet & Maxwell, 1992).
28. Van Gerven, W. et al., Tort Law (Common Law of Europe Casebooks) (Oxford: Hart Publishing, 2000).
29. Wade, Administrative Law (Oxford: Clarendon Press, 1971).

The students dispose of a PowerPoint presentation that includes the main parts of the lecture and reading assignments for each session. As indicated above, two works accompany the course. The reading of the texts is highly encouraged to facilitate the understanding of the issues discussed in class and the sharing of thoughts and ideas. The students may have an English legal dictionary of their choice (which they may not dispose of during the examination). The professor will answer any questions by appointment or by mail: vandermensbrugghe@fusl.ac.be.