Subjects 2009
Fundamentals of the Common Law 730852
- Credited Courses: Graduate Diploma in Transnational Law 333; Master of Banking and Financial Services Law 526; Master of Commercial Law 504; Master of Construction Law 195; Master of Health and Medical Law 507; Master of Intellectual Property Law 277; Master of Labour Relations Law 510; Master of Law and Development 635; Master of Legal Systems 890; Master of Public and International Law 511
Note
Students who have a degree in law from, or are admitted to practise in, a common law jurisdiction will not be permitted to enrol in this subject except with the permission of the Associate Dean (Melbourne Law Masters).
Objectives
A student who has successfully completed this subject should:
- Have a sound general understanding of the history, principles, legal concepts and institutions of the common law
- Understand the principal points of similarity and difference between common law and civil law systems
- Be aware of the tendencies of the main legal systems to borrow from each other and understand the principal reasons for this
- Have developed skills in legal analysis, research and writing.
Syllabus
This subject provides an examination of the history, principal legal concepts and institutions of the common law. Topics will be chosen with a view to providing a basis of knowledge and understanding for areas of law covered elsewhere in the Melbourne Law Masters, and principal topics will include:
- Evolution of the common law; the division between law and equity; theories of law; basic concepts, values and assumptions
- Sources of law in common law systems
- Institutions and procedures of the common law
- Substantive principles of the common law
- The interpretation of statutes
