Course teached by Joxerramon Bengoetxea and Heike Jung at the International Master's in Sociology of Law (2011-2012). International Institute for the Sociology of Law - Instituto Internacional de Sociología Jurídica, Oñati.
The purpose of this course is to introduce basic notions about law, legal thinking, the legal order and its sources, the legal professions and legal cultures. Some of the major debates in Comparative law will be dealt with - comparability, adaptation, transplants, influences, convergence, transitions. At the end of the intensive, one-week course each student should be able to make a presentation about their own legal culture
1. Introduction to Legal Cultures
Try to indentify what experiences you've had with the law, with the courts, and lawyers
The concept of law. The idea of a legal culture. Tradition, culture, family. Major Legal families in the World. Comparative Law, PLuralism and Anthropology.
Basque Legal Culture
2. Understanding a Foreign Legal Culture
Experiences: think of how difficult it seems to understand other legal cultures and other laws
3. Elements of a Legal Culture
Which would you say are the main elements of your legal culture and to what extent do they depend on or do they transcend the existing laws?
4. Social Systems of Order and Regulation
How is order maintained in society and what influence does this have on the dominant legal culture?
5. Varieties of Legal Cultures
Presentation and Discussion of our own Legal Cultures; each student will apply the notions discussed in the course to introduce the specific features of their own culture.