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Critically discuss the essence of Western academic legal culture and its comparative impact on legal realism in a global context,

Faculty of Business Environment and Society

Module No: M13HRM   

Module Title: Comparative Law in a Global development Context

Coursework number or Title: Assignment 2 – Global Legal Realism.

Theme:  Global Legal Realism As Commonsense 

Preamble:

Much of the comparative law literature concerns Western legal systems. And Western academic legal culture has tended to be state-oriented, secular, positivist, ‘top-down’, North-centric, unempirical, and universalist in respect of morals.”

                                             (Adapted from Twinning, in Örücü  and Nelken, 2007:87)

Task:

Critically discuss to what extent has your legal education (legal system) to date fitted this description, and how such an education has influenced your own legal realism within a culture that you are sufficiently familiar with

 

The paper should be around 2,500-3,000 words (+/- 10%) in length plus references and any appendices.

This assignment must be submitted as an electronic copy via the module web by 23.55 pm on or before the above deadline (See instructions on module web).

  1. Word Length: 2,500 -3,000                  Maximum/Minimum/Range    10%.

Any penalties for not complying with word limits will be in accordance with University and Faculty policy.

Learning Outcomes Assessed

Students’ ability to:

Critically discuss the essence of Western academic legal culture and its comparative impact on legal realism in a global context,

Critically discuss the advantages/disadvantages of the application of Western pluralist models to Global business values, ethics and culture.

Analyse and evaluate the search for appropriateness between both West and non-Western legal realisms, thereby coming to critically argued conclusions and recommendations.

Assessment Criteria and Marking Scheme

The paper will be assessed out of 100 marks using the following criteria.

You will have demonstrated ability to:

  1. Identify the issues within the context of the assigned Comparative Law in a Global Development Context question and, from this to demonstrate a logical structure and layout for the paper (5 marks)
  2. Apply research skills to examine and demonstrate a knowledge of organisational data and of the literature relevant to the issues (20 marks)
  3. Critically discuss the facts against theory in the assigned question (35 marks)
  4. Draw conclusions from this critical analysis (15 marks)
  5. Make recommendations to improve the Global Development & International Law processes (15 marks)
  6. Correctly reference all published material included in the paper      (10 marks)

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