Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/45389
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dc.titleThe reluctant comparativist: Teaching common law reasoning to civil law students and the future of comparative legal skills
dc.contributor.authorWhalen-Bridge, H.
dc.date.accessioned2013-10-12T13:36:23Z
dc.date.available2013-10-12T13:36:23Z
dc.date.issued2008
dc.identifier.citationWhalen-Bridge, H. (2008). The reluctant comparativist: Teaching common law reasoning to civil law students and the future of comparative legal skills. Journal of Legal Education 58 (3) : 364-371. ScholarBank@NUS Repository.
dc.identifier.issn00222208
dc.identifier.urihttp://scholarbank.nus.edu.sg/handle/10635/45389
dc.description.abstractIt would be reasonable to assume that civil law students learning common law reasoning are already familiar with the basic structure of rules, and that to adequately reproduce common law reasoning they need only learn that common law rules are based on case law and derived from particular factual scenarios. Experience, suggests, though, that civil law students have considerable difficulty grasping the structure of common law reasoning, in part because common law rules are a different sort of rule compared to the type of civil law rule the student is familiar with. The learning occurring is essentially comparative legal reasoning, but there is relatively little in the way of scholarly discussion that would assist in identifying the conceptual differences or seemingly predictable confusions that occur. The considerable scholarly discussion of a globalized legal arena suggests that comparative legal analysis should be developed. I offer some initial observations concerning how a comparative legal skills pedagogy might proceed, and suggest how to structure a common law reasoning course for civil law students using a comparative approach.
dc.sourceScopus
dc.typeConference Paper
dc.contributor.departmentLAW
dc.description.sourcetitleJournal of Legal Education
dc.description.volume58
dc.description.issue3
dc.description.page364-371
dc.identifier.isiutNOT_IN_WOS
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