Le Grand Syllabus 2016/2017
are addressed. As well as problems regarding the legitimacy of courts' intervention in major societal debates (bioethics, minority rights, etc.), methodological discussions concerning comparative law, classiﬁcation, constitutional interpretation, the interactions between national constitutional courts and supranational courts, and the strategic analysis of law are considered. Required reading : Cappelletti M., Judicial Review in the Contemporary World, Indianapolis, The Bobbs-Merrill Company, 1971, xv + 117 ; Brewer-Carias A.R., Judicial Review in Comparative Perspective, Cambridge, Cambridge UP, 1989, xvii + p. 406 ; Corrado M. L., Comparative Constitutional Review. Cases and Materials, Durham (North Carolina), Carolina Academic Press, coll. "Comparative Law Series", 2005, xvii + p.243 ; De Visser M., Constitutional Review in Europe. A Comparative Analysis, Oxford, Portland, Hart, 2014, xiii + p. 484 ; Fernández Segado, La Justicia constitucional. Una visión de derecho comparado, Madrid, Dykinson, 3 Vol., 2009..
world —, this course offers a comparative introduction to legal reasoning through a detailed examination of 12 judicial decisions. It aims to answer such basic questions as "How do judges think ?" and "How do judges construct legal knowledge ?". Thoroughly deconstructive, the course consistently draws on insights from other disciplines (such as philosophy, anthropology, literary criticism, and linguistics). By the end of the programme, students will have acquired the kind of knowledge making it possible for them to engage critically with the practice of English and U.S. courts and to revisit the practice of French judges. Required reading : Legrand (P.) et Samuel (G.), Introduction au common law, Paris, La Découverte, coll. «Repères», 2008 ; Legrand (P.), Le Droit comparé, Paris, PUF, coll. "Que sais-je ?", 2015, 5e édition. ; Reading materials include two short introductory books (see above) and 12 English or U.S. judicial decisions. Readings will be communicated to students at the beginning of the course. Provision will be made for students who cannot read French..
COMPARATIVE LEGAL REASONING
Semester : Autumn Number of hours : 24 Language of tuition : English
Opened to the exchange program
Semester : Spring Number of hours : 24 Language of tuition : English
Opened to the exchange program
Teachers : Pierre LEGRAND (Professeur des Universités). Prerequisite : None. Pedagogical format : Seminar Course validation : An examination of legal reasoning with principal reference to English and U.S. judicial practice. Workload : The weekly workload is estimated to range between 6 and 8 hours depending on the student's level of English proﬁciency. Pedagogical method : A seminar of 12 sessions lasting 2 hours each. The course consists of lectures interspersed with questions directed at students with a view to allowing for the oral expression of critical thought in English. Course Description : Focusing on the work of English judges, also making reference to U.S. courts — some of the most inﬂuential judicial agents in the 1694
Teachers : Eric BARBIER DE LA SERRE (Avocat). Pedagogical format : Seminar Course validation : Evaluation will be based on an end-of-term examination of 4h (100%) including, in particular, a case study with weighting according to oral participation and student's involvement. Workload : Readings will assigned for each class. The assignments will be mainly taken from Richard Whish's book. Pedagogical method : The course consists of 12 classes of 2 hours each, comprising a period of lecture as well as discussions and practical exercises. Interaction during class is strongly encouraged. Course Description : This course is designed to provide students with an in-depth introduction to