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Contemporary Legal Systems

Code: 102294
Credits: 6
2026/2027
Degree programme Type Course
Law OP 4

Contact lecturer

Name :
Josep Cañabate Perez
Email :
josep.canabate@uab.cat

Teaching staff

Marc Hernandez Valles
Josep Cañabate Perez

Group languages

You can consult this information at the end of the document.

Prerequisites


No prerequisite is necessary, although it is recommended to have a minimum level of English, videos will be screened in English, texts will be analyzed in this language, and will be scheduled conferences on the Common Law also in English. The vehicular language, in line with the students' international profile, will be Spanish.

The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.

Objectives

The subject provides theoretical knowledge about the main legal systems of the world, especially those of the Common Law family. Experiences of legal pluralism will also be analyzed, in which different legal systems or conceptions of law come into contact 
Analyze and compare the rights of women and minorities in various legal systems, specially from a civil rights perspective.
Get theoretical knowledge of the main legal systems of the world.
Make a comparison between these systems, applying the methodology of comparative law (analysis of legal institutions, system contextualization and comparison).
Understand the legal concepts of other legal systems.
Analyze cases of legal pluralism.
Demonstrate the acquisition of theoretical knowledge through written and oral reflection.

Learning outcomes

  1. Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
  2. Managing bibliographic and documentary resources: databases, browsing, etc.
  3. Use different information and communication technologies.
  4. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  5. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  6. Students must be capable of communicating their points of view in a compelling way.
  7. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
  8. Students must be effective in a changing environment and when facing new tasks, responsibilities or people.
  9. Working in multidisciplinary and interdisciplinary fields.
  10. Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
  11. Describing the basic substantial and procedural terminology, as well as the forensic techniques and tactics of the common law and of other foreign legal systems through the analysis of the legal language, used in films that will always be watched in original version.
  12. Using basic terminology in Comparative Law, specially the fundamental concepts of Common Law.
  13. Setting the basic terminology of Law and historical institutions in Catalonia.
  14. Describing the general principles that are the basis of the main Eastern and Western legal systems.
  15. Identifying and knowing the main basic principles of law and of the historical institutions of Catalonia.
  16. Defending and promoting the essential values of the Social and Democratic State of Law, specially as regards the plural nature of Spain and its legal system: knowing the origin and evolution of these rights and principles.
  17. Defining the basic rules of interpretation of Case Law and European Continental Law.
  18. Distinguishing the historical interpretation rules in common law, European continental law and in other legal cultures.
  19. Identifying and assessing the jurisprudential changes.
  20. Identifying the value of the doctrine and legal science in the several world legal systems.
  21. Explaining the influence and effect of the doctrine throughout the historical evolution of the different legal systems.
  22. Describing the legal, political and social value of the legal doctrine in the Catalan civil law throughout History.
  23. Interpreting the underlying conflicts of interest in law suits and real cases throughout History, specially as regards political and social conflicts.
  24. Identifying the motivation of legislative intervention.
  25. Verifying the distance between the historic moments of the standard approval and its implementation.
  26. Enumerating the currents of thought that inspire the historical-legal institutions.
  27. Comparing the legal professions and their different professional regulation and ethics in Civil Law and Common Law.
  28. Defining the functions and the legal and social importance of the legal professions in Catalonia throughout History.
  29. Defining how the legal concepts and the action of the institutions are managed and operated within the concrete cultural models, which make those understandable.
  30. Enhancing the culture of the jurist, not only as erudition or legal finesse but also as an essential element for the professional practice in complex, flexible and multicultural contexts such as today's.
  31. Naming the reciprocal conditioning between Law and society (Law as the expression of the social mentality of every period, but at the same time influencing it and resisting to change when mentality changes).
  32. Interpreting the dialectics between unity and plurality in Law. Accepting the interdisciplinarity as conception and instrument of Law.
  33. Using, analysing, and interpreting the images and audiovisual means.
  34. Developing a mastering of the computing resources that allow to obtain fundamental information about foreign law, the judicial system and the institutions of other countries.
  35. Using computing techniques in order to acquire, manage, and present knowledge.
  36. Explaining the high critical content about law, institutions and jurists provided by an artistic mean such as the cinema.
  37. Critically distinguishing the Law in all its fields (legislation, implementation...) and comparing it with legal systems of other eras and other countries.
  38. Distinguishing the cultural-legal diversity of the Spanish and European surroundings though the knowledge of its historical processes.
  39. Defining the main historical, public, and private institutions of Catalonia both in its genesis and as a whole.
  40. Interpreting the complex and not always discernible relationships between Law and its contexts thanks to the potentiality of the cinematographic language.
  41. Defining the current reality of the two large types of Civil Law and Common Law in Europe and global projection.
  42. Describing the historical evolution of the several creation forms of Law in Europe.
  43. Identifying a historical-comparative perspective of the main challenges of Law in the current world.
  44. Contextualizing the several forms of creation of law in Catalonia in its historical evolution and its current situation.
  45. Analysing the evolution of the legal and social discrimination between men and woman throughout History.
  46. Knowing the mechanisms that must be applied in every situation.
  47. Recognising the space between the promulgation of the standard and its effective implementation.
  48. Knowing the foundations of the legal areas of industrial relations in the specific scenario of Francoism and the Spanish transition to democracy.
  49. Analysing the situation by comparing several collective agreements and watching the historical evolution of these situations.
  50. Explaining the historical evolution and legal regulation of the applicable standard.
  51. Interpreting the social events as mechanisms that affect rules and current legal institutions.
  52. Present information in a way that is appropriate to the type of audience.

Contents

SYLLABUS


LESSON 1: COMPARATIVE LAW AND LEGAL FAMILIES



  • Introduction to Comparative Law

  • Historical evolution and future projection of Comparative Law

  • The grouping of legal systems

  • The legal families of the world


LESSON 2: THE ROMAN-GERMANIC OR CONTINENTAL FAMILY



  • Origin: Roman Law

  • Evolution of Law in the 17th to 19th centuries

  • Codifications Characteristics of Continental Law


LESSON 3: LAW IN LATIN AMERICA



  • Historical and colonial evolution: from Abya Yala to Latin America

  • Introduction to the rights of indigenous peoples of Latin America

  • Comparison of the constitutional treatment of legal pluralism in Latin America

  • Worldview and Indigenous Justice


LESSON 4. COLONIALISM, COLONIALITY AND LEGAL DECOLONIZATION



  • Introduction to the epistemologies of the South and decolonial perspective in the legal field

  • Legal transplantation, colonization and legal coloniality: a historical and global vision

  • Theories of legal pluralism and subaltern regulatory systems (Inuit and Romani justice)

  • Culturally motivated crimes: comparison between the Italian and US systems


LESSON 5: THE COMMON LAW FAMILY



  • Historical evolution of Common Law

  • Fundamental characteristics of Common Law

  • The constitutional bodies in the United Kingdom The legal profession


LESSON 6: THE LEGAL SYSTEM OF THE UNITED STATES OF AMERICA



  • Historical evolution and federalism

  • The sources of law The constitutional bodies of the USA The legal professions

  • The fight against inequalities in the USA (race, gender, sex, etc.)


LESSON 7: EAST ASIAN RIGHTS



  • The legal system of China

  • The role of women in China: historical inequalities and current situation

  • The legal system of Japan Gender differences in Japan

LESSON 8: LAW IN AFRICA



  • Historical evolution: Africa and colonial imperialism

  • The export of European law to North Africa: a case of legal pluralism Central Africa and the influence of European rights

  • The law in Africa Legal pluralism and women's rights in sub-Saharan Africa


LESSON 9: RELIGIOUS RIGHTS



  • Islamic Law

  • Women's rights in the Islamic world

  • Hindu Law

  • Jewish Law


 

Learning activities and methodology

Title Hours ECTS Learning outcomes
Tutorials 4.5 0.18 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 24, 25, 27, 29, 30, 31, 34, 41, 42, 43
ORGANIZATION OF MATERIALS 10.5 0.42 3, 35, 37, 38, 41
PROFESSORS EXPLAINATION 22 0.88 11, 12, 13, 14, 17, 18, 20, 21, 27, 29, 30, 31, 34, 38, 41, 43
CLASSROOM ACTIVITIES 22 0.88 1, 2, 6, 7, 11, 12, 13, 14, 17, 18, 28, 37, 40, 52
INFORMATION SEARCH 26 1.04 11, 12, 13, 14, 17, 18, 20, 21, 27, 29, 30, 31, 34, 35, 37, 41, 42, 43
EXAM PREPARATION 20 0.8 11, 12, 13, 14, 17, 18, 20, 21, 27, 29, 30, 31, 34, 35, 37, 38, 41, 42, 43
PERSONAL STUDY 45 1.8 11, 12, 13, 14, 17, 18, 20, 21, 27, 29, 30, 31, 34, 35, 37, 38, 41, 42, 43

Statement

Teaching will be in class (face to face), in a seminar methodology: through materials: cases, jurisprudence and legislation, by a socratic dialogue, students will get simultaneously theorical and practical knowledge. The course consists of 15 weeks, the last week will only have 2 hours of teaching.

The center of the learning process is the work of the student, the task of professors is help him (1) by providing information and showing him the sources where he can get information (2) directing student steps so that the learning process can be carried out effectively.

 

 

Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
Preparation of a research paper on a topic related to the course syllabus. 50% 0 0 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 17, 18, 19, 20, 21, 27, 28, 29, 30, 31, 32, 34, 35, 37, 38, 41, 42, 43, 48
Completion of jigsaw activities, text commentaries, and classroom debates 20% 0 0 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52
Cuestionarios sobre documentos relacionados con la asignatura 30% 0 0 1, 2, 3, 4, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51

Scheduled evaluation process and activities

The fundamental axis of the evaluation of this subject is the work of the student inside and out of the classroom with the realization of the work of course and of the continous evaluation activities, the participation in debates, the common discussion of texts, oral defense of work, etc. The characteristics of the subject make the class a place open to analysis and debate, in which through the reading of texts the basic concepts of the different legal systems can be assimilated. To evaluate this objective, the evaluation activities are divided into three types:

a) Completion of jigsaw activities, text commentaries, and classroom debates (20% of the final grade)


The course follows a seminar-based teaching methodology. Consequently, discussion and active participation in class are essential. To this end, debates, readings, and the viewing of documentaries related to the course syllabus will be organized. These activities must be prepared and discussed in class, either individually or in groups. For this reason, attendance is compulsory for at least 80% of these activities. Failure to meet this requirement undermines the pedagogical objectives of the course and, therefore, prevents their proper achievement.


b) Continuous evaluation activities (30% of the evaluation)

In order to develop in a practical way some subjects of the syllabus, three practices of continuous evaluation will be carried out with a value of 30% on the final qualification. Each practice will therefore have a value of 10%. In carrying out these activities it is important to do research, delve into the subjects, look for quality information.

c) Course work (50% of the evaluation)

The main objective of the elaboration of the course work is to deepen in concrete legal system or to compare law and institutions, and to acquire a wider knowledge. This work aims to be a rigorous research on the subject of study, therefore it will have to be planned from the beginning of the course, and will involve a follow-up by the teacher of its development, and of the phases. For this reason, it is mandatory to set with the teacher in the first two weeks of the course the topic to be developed.


d) Requirements to be evaluated.


Students will be evaluable as long as they have carried out a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this threshold, the subject teacher may consider the student as non-evaluable.

RE-EVALUATION

The re-evaluation of the subject will be done by offering students the opportunity to re-evaluate the course practices not passed, or improve the course work that all students must do. Only those students who have taken the ordinary assessment will be able to access the re-evaluation. To access the re-evaluation, at least the coursework and the continous evaluation activities must have been adone. The minimum grade to access is 3,5 points in the continuous assessment.

Not evaluable: The same non-evaluable criteria will be applied as for continuous evaluation.

Fraudulent conduct

A student who copies or attempts to copy an exam will have a 0 on the exam. A student who submits a practice in which there is plagiarism will get a 0 and receive a warning. In case of repetition of the behavior, the student will suspend the subject.


d) Single assessment.

Those students who take advantage of the single evaluation system, with the prior approval of the faculty, will have to carry out the following activities to be delivered at the end of the course.

1. Course work according to the list of course topics that will be provided at the beginning of the course (50%).

2. Presentation of an oral presentation according to the list of course topics that will be provided at the beginning of the course (20%).

3. Presentation and resolution of three practical cases that the teaching staff will facilitate at the beginning of the course (30%).


IMPORTANT: If a student cheats, commits plagiarism, or is found in possession of a prohibited device during any assessment activity, the lecturer will assign a grade of 0 for that assessment and will notify the Dean’s Office of the Faculty by submitting a report detailing the circumstances and evidence of the incident, with a view to requesting the initiation of possible disciplinary proceedings against the student. This assessment activity cannot be retaken. If more than one irregularity occurs in the assessment activities of the same course, the final grade for the course will be 0.


Use of Artificial Intelligence


Restricted use: “For this subject, the use of Artificial Intelligence (AI) technologies is allowed exclusively in [support tasks, such as bibliographic or information search, text correction or translations. The student must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency of the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases.

Bibliography

AA.VV (Pegoraro, Lucio dir.), Nuevo Derecho constitucional comparado, Tirant lo Blanch, 2000.

Altava Lavall, Manuel Guillermo, Lecciones de Derecho comparado, Universitat Jaume I, 2003.

Cañabate Pérez, Josep, Hernández Vallés, Marc (eds.), Derechos otros. Experiencias jurídicas desde una mirada crítica y decolonial, Colección Pluralismo y Minorías, Dykinson, Madrid, 2025, https://e-archivo.uc3m.es/entities/publication/8523dff7-9b92-4422-b625-d9651b2caf04

Calaguas, Mark J. and Fluet, Edward R. and Drost, Cristina M., \"Legal Pluralism & Women's Rights: A Study in Post-Colonial Tanzania\", Columbia Journal of Gender and Law, V. 16 (Number 2, 2007) (recurs on-line disponible a http://dx.doi.org/10.2139/ssrn.934668)

Cuniberti, Gilles, Grands systèmes de Droit contemporains, L.G.D.J, 2007.

Coulson, Noel. J., Historia del Derecho Islámico, Edicions Bellaterra, 1998.

Curran, Vivian Grosswald (Ed.), Comparative law: an introduction, Durham, NC: Carolina Academic Press, 2002.

David, René, Jauffret-Spinosi, Camille, Les Grands systèmes de droit contemporains, 11e éd., Paris : Dalloz, cop. 2002.

Dell'aquila, Enrico, Introducción al estudio del derecho inglés, Valladolid : Secretariado de Publicaciones, Universidad, 1992.

Dell'aquila, Enrico, El dharma en el derecho tradicional de la India, Salamanca : Universidad, 1994.

Dell'aquila, Enrico, El contrato en Derecho inglés (aspectos de Derecho comparado).T. I: Elementos del contrato y vicios de la voluntad, PPU, Promociones y Publicaciones Universitarias, 2001.

Fromont, Michel, Grands systèmes de Droit étrangers, Dalloz, 2005.

Galgano, Francesco., Atlante di Diritto Privato Comparato, 3a. ed., Bologna: Zanichelli, 1999, trad. Juan Antonio Fernández Campos y Rafael Verdera Server, Atlas de derecho privado comparado, Madrid: Fundación Cultural del Notariado,2000.

Harding, Andrew, Örücü, Esin, (Eds.), Comparative law in the 21st century, London / The Hague / New York: Kluwer Academic, 2002.

Legeais, Raymond, Grands systèmes de Droit contemporains, Lexis Nexis, Litec, 2004.

Losano, Mario G., Los grandes sistemas jurídicos, Editorial Debate, 1982.

Mernissi, Fatima, Marruecos a través de sus mujeres, Ediciones del Oriente y del Mediterráneo, 1990.

Mernissi, Fatima, El miedo a la modernidad: Islam y democracia; Ediciones del Oriente y del Mediterráneo, 1992.

Ono, Hiroshi and Zavodny, Madeline, \"Gender Differences in Information Technology Usage: A U.S.-Japan Comparison\" (January 2004). FRB of Atlanta Working Paper No. 2004-2. Available at SSRN: https://ssrn.com/abstract=501625 or http://dx.doi.org/10.2139/ssrn.501625

Örücü, Esin, Nelken, David (Ed.), Comparative law: a handbook, Hart Publishing, Oxford and Portland, Oregon, 2007.

Tenorio, Pedro J., Introducción al Derecho Constitucional Comparado, Universidad Complutense de Madrid, 1998.

Youngs, Raymond., English, French and German Comparative Law, London: Cavendish, 1998.

Zimmermann, Reinhard, Reinmann, Mathias, The Oxford Handbook of Comparative Law, Oxford University Press, 2006.

Zweigert, Konrad., Kötz, Hein, Introducción al Derecho comparado, Oxford University Press, 2002.

Software

none in particular

Course groups and languages

The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE

Type of teaching Group Language Semester Shift
(TE) Theory 1 Catalan first semester morning-mixed
(PAUL) Classroom practices 1 Catalan first semester morning-mixed