Political Science 493 John C.

Kilwein
Comparative European Legal Systems Phone: 293-3811 ext. 5287
Summer 2009 Office: 307B Woodburn
Strasbourg, France e-mail: jkilwein@wvu.edu

This course is an introduction to the politics of law in Europe. The course will focus on developing
an understanding of how the major European polities (Great Britain, France, and Germany) are
affected by their particular forms of law, legal communities, judiciaries, and justice systems. The
course will also examine how these legal entities are influenced by the political systems and
societies in which they are developed and operate. We will examine what role lawyers and judges
play in their respective polities. Additional topics to be discussed include the structure of the judicial
branches of the governments, legal education, legal communities, civil litigation, criminal litigation,
and the policymaking role of appellate courts. Throughout the course, we will use the United States
and its fifty-one legal systems as comparative referents.

Office Hours:
Since this is a concentrated, three-week residential program, I will be available nearly anytime
Mondays through Thursdays to meet with students; just let me know that you would like to meet and
we will arrange a mutually agreeable appointment.

Course Requirements:
There are two components to your class grade, participation and a take-home examination.

Take-home examination 60 points

Class participation 40 points
Total 100 points

Class Attendance and Participation (40%):

We will meet for four, three-hour seminars over three weeks. It is IMPERATIVE that you attend
class and participate in an intelligent, constructive, and coherent fashion. These seminars will begin
promptly at 9:00 a.m., so make certain that you get enough sleep to allow yourself to perform well
in class. Given the compact nature of the class, you will be permitted only one unexcused absence.
Missing more than this will result in your final grade being reduced one letter grade for each
unexcused absence. Habitually tardiness will also result in a lowering of your class grade.

We will also be making a series of class related site visits in France and Germany. You must attend
and participate actively in these as well. Failure to do so will also result in a lowering of your class
grade.

Take-home Examination (60%):

You will be given a take-home exam that you will receive near your departure from Strasbourg and
will be due in my office mailbox (316 Woodburn Hall, Box 6317, Morgantown, WV 26506-6317)
by 10 a.m., Friday, July 31, 2009.

Course Outline

Section One: Introduction to Law (Tuesday, June 16)

In this section we will familiarize ourselves with critical basic concepts necessary to study legal
systems. We will begin this introduction by exploring what it is we mean when we speak about the
“law.” We will also being to introduce ourselves to the two European families of law and their
significant differences. Finally, we will examine important governmental and political variables that
will help us to understand the differences between the four polities we will explore throughout the
class.

Section Two: Introduction to Comparative Law and European Legal Systems (Wednesday, June 17)
In section two, we will first consider why it is important to study legal systems comparatively. We
will then examine the methodology of comparative political science as applied to law and politics.
Finally, we will introduce ourselves to the history and nature of the four polities we are examining.

Section Three: Court Structures and Legal Actors (Thursday, June 18)
In this section we will begin by examining the institutional structures of the British, French,
German, and American legal systems. We will then become familiar with two important sets of
legal actors: the bar (lawyers) and the bench (judges). Specifically, we will study how these actors
are trained and how they do their jobs.

Section Four: Civil justice (Thursday, June 18)

In this section we will examine the role of the four legal systems in resolving private disputes.

Section Five: Criminal Justice (Friday, June 19)

In this section we will examine the work of the four criminal justice systems.

Section Six: Constitutional Law (Friday, June 19)

In this final section, we will first develop an understanding of the constitutions of our four target
polities. Next, we will examine the courts of last resort in these countries. We will conclude our
examination by analyzing how these courts decide constitutional and other important legal questions
and the impact these courts have on their respective societies.