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- Oct 23, 2023, 6:22pm
- ☀️ 17 °C
- Altitude: 111 m
- PortugalLisbon DistrictNossa Senhora de FátimaSete Rios38°44’45” N 9°9’34” W
My class
October 23, 2023 in Portugal ⋅ ☀️ 17 °C
A couple of my friends want to know more about the class I’m here to teach. I guess I shouldn’t be surprised, since they are educators themselves! So here goes— The class is part of the Universidade Católica’s undergraduate transnational law program. Students who complete a certain number of hours in the program get a little notation on their undergraduate law degree. The courses are wide ranging, and include a lot of slightly random snapshot classes, depending on the country and expertise of the professor. All classes are in English, which means that the Erasmus students (EU exchange) can participate. The main goal of this transnational curriculum is to open students’ eyes to the broader international context that has become so much a part of the Portuguese legal profession. Since the law degree is their undergraduate degree, most will take another year or two for a Masters, and the transnational program is a nudge to them to consider some of the Global LL.M programs that are offered.
My topic is an introduction to US common law property rules. We read actual judicial decisions, just like US law students do. The goal is to both expose the students to some of the most important rules about the basic property rights to use, exclude, and to transfer, and also to show them the steps of common-law decision making. The traditional Portuguese law curriculum is heavily lecture-based, but I try to make it as interactive as possible. The quality of the students is really very high, but they are so young in comparison to the typical US law student!Read more
Traveler Sounds like a class I’d like to attend!
Laurie Reynolds Sounds like a class we could teach together😀
Traveler Thanks, Laurie. I'm not a lawyer, so I may get the terminology wrong as I try to articulate a couple of questions. I'm assuming Portuguese law is Code-based, like Spanish, French, Argentine, etc. law. That means law students need to know the Civil, Criminal (Penal), Commercial, etc. Codes in order to be allowed to practice law. In the U.S. and England, there are no such Codes governing the law, but instead jurisprudence. That is why you teach U.S. law case by case (please correct any of what I just wrote if it is not true). My two questions are: 1. Do you think Codes are mostly found in countries heavily influenced by Ancient Rome (where Romance languages are official) vs. Anglo-Saxon countries? 2. Do your Portuguese students (and others from "Latin" countries) find it difficult to process U.S. law, in the absence of Codes?
Laurie Reynolds We can have a good long chat when I’m back but here’s my non-comparativist take on this. Imho (but it’s an uneducated opinion) the differences between civil and common law systems in terms of legal analysis are not so tremendously different. The US probably has more statutes per person than Portugal. But there is a layer of uncodified common law principles that underlies, coexists with, supplements, modifies, or is abolished by statutory law (depending on the situation). So that makes for some fancy footwork analysis that’s not needed in a civil law country. In terms of statutory analysis, when I say “ balancing test” my civil law students say “ concordance” or “subsidiarity” or “ proportionality” but we all look at the same things. I do think common law judges feel less constrained and freer to do their own thing than civil law judges but I think that in the final analysis there is no such thing as neutral objective legal principles - they are all value-laden. And civil law judges have values just like common law judges.
Laurie Reynolds One big difference is in terms of precedential value of cases/ judicial legal opinions. At least as far as I understand it, civil law cases have little or no precedential value for future cases, while they are extremely constraining for common law judges.
Laurie Reynolds But I am just shooting from the hip so someone who knows their stuff may totally disagree