F1211 Legal Traditions of the World (F1211)

Tuesday 13.30-15.00
Thursday 13.30-15.00

There is law in all parts of the world and this presence tends to express itself in the form of legal traditions, such as when a court of law convenes in a certain place at a certain time and engages in a session that is organized in a highly particular way in order to provide justice to a claimant. While there are legal institutions, such as courts, basically everywhere, their appearance and functioning is often very diverse, reflecting the history of their culture. A tribal chief seated under an old tree and an English judge wearing a wig may have to decide on the same kind of cases, but they will do so in highly distinctive ways that reflect the understanding of the universe that prevails in their legal order. This course provides an introduction to the varied cognitive worlds of the law in different parts of the globe. It is structured around Patrick Glenn’s masterful study Legal Traditions of the World, in which a comparative approach is articulated that expands beyond the usual comparisons involving various Western legal systems. The book devotes chapters to the following legal traditions:

-A Chtonic Legal Tradition (the law of indigenous peoples)

-A Talmudic Legal Tradition

-A Civil Law Tradition

-An Islamic Legal Tradition

-A Common Law Tradition

-A Hindu Legal Tradition

-A Confucian (and Marxist) Legal Tradition.

Since this book is a highly abstract work containing a lot of specialized information from various fields of study, we will devote a number of sessions to a close reading of the text, adding supplementary materials to make abstract points more understandable. Also, the participants – this means both the teacher and the students - will do some research into the background of their own legal tradition and they will on this basis try to make a comparison with a tradition they do not yet know at all. This comparison between two legal traditions is also the focus of the final paper and presentation.

Before getting involved with the topic of the various legal traditions of the word, we will first devote a number of sessions to an exploration of what traditions are and what makes them normative or persuasive and we will also have to attend to the question of what law is and come to see there are various approaches to this question. We will make use of scholarly literature but also of literary works such as a play and a film, in order to deepen the cultural experience of this explorative course.

What makes this course into an interesting and perhaps even urgent exploration is the fact that in today’s world no legal tradition is an island, all legal systems interact and often clash with one another. (An example is the debate about the sharia of the Islamic legal tradition and whether it can be assimilated in Western legal systems.) How can a peaceful and workable legal order for the world of the 21st century come about and what role do ancient traditions have to play in this new global law? This is an issue that is also addressed by professor Glenn and it will surface in our discussions especially in the latter part of the course, when we already have some working knowledge of the traditions themselves.

The city of Venice is an excellent environment for these concerns. After all, during its trading days the Venetian empire came into contact with many legal traditions when Christians, Jews and Muslims traded with each other. We will explore the evidence of these cultural encounters by discussing the Jewish ghetto and the Ducal Palace and by viewing the film The Merchant of Venice, based on a play by Shakespeare.

Evaluation Method

In this course each participant will deliver oral presentations . Active, well prepared participation in the close reading sessions counts. The final paper and presentation count for final grade.

Preliminary knowledge

In order to participate in this course no knowledge of law is required. What is required is an active attitude, curiosity about normative arrangements and a willingness to explore the unknown worlds of the law. It is hoped that students from various parts of the world will join, as it is the intention to find out about their legal traditions. The program will be adapted in line with the composition of the students.