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Адрес: г. Москва, Б. Трехсвятительский пер., д. 3, 452

E-mail: theoryoflaw@hse.ru

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Руководитель департамента Нагих Сергей Иванович
Заместитель руководителя департамента Быстров Андрей Сергеевич
Конституции и экономический суверенитет современных государств

Левакин И. В., Платонова Н. И.

Государственная власть и местное самоуправление. 2023. № 8. С. 35-39.

Глава в книге
Этические аргументы в защиту государственной монополии на насилие

Виноградов С. В., Козак В. Д.

В кн.: Этика и право: соотношение и механизмы взаимовлияния. М.: Проспект, 2023. С. 81-95.

Introduction to American Law

Учебный год
Обучение ведется на английском языке
Курс по выбору
Когда читается:
2-й курс, 4 модуль


Домрин Александр Николаевич

Домрин Александр Николаевич

Course Syllabus


This MOOC will give you an introduction to this influential legal system including its history, constitutional background, sources and institutions. You’ll learn about the different ways in which laws are made and interpreted, the Amercan court system and the increasing importance of human rights law. Now is an especially exciting time to be learning about American common law, given the potential changes that lie ahead in today’s political, economic and social environment – all these pose challenges to and opportunities for the law. All teaching is conducted in English. Each week we’ll focus on one aspect of English common law, using video lectures, readings, discussion questions and activities to enable you to learn about and evaluate key issues.
Learning Objectives

Learning Objectives

  • Know basic spheres of American law
  • Have an idea about the features of the American approaches
Expected Learning Outcomes

Expected Learning Outcomes

  • Have skills to analyze the main differences in areas of American law
  • Know basic concepts of American law
  • Have skills to distinguish between types of American law
  • Have skills to define the conditions for the application law
Course Contents

Course Contents

  • Tort Law
    Tort law governs how people may sue each other civilly (as opposed to criminally) in order to receive compensation for harms or injuries other people caused them. In this module, Professor Allen will explore the goals of tort law through a historic case. She will address what makes tort law distinct and issues surrounding negligence and liability.
  • Contract Law
    Contract law governs how promises between two individuals are enforced. Few areas of law impact our daily lives as much as contract law, and in this module you will gain a deeper understanding of what a contract is and what makes it enforceable. Professor Wilkinson-Ryan will address what constitutes a contract, why the law enforces them, the legal meanings of words in contracts, and the important requirement of consideration. Expectation damages, or the amount a court orders someone who breached a contract to pay will also be explored, all through hypothetical and real cases.
  • Property Law
    Property law governs the relationship between individuals and things, known as property. In this module, Professor Balganesh will explore the differences between property and tort and contract law and about several specific examples of property law in action: adverse possession, landlord/tenant, and licenses. You will learn about what makes U.S. property law distinct - its origins in common law, imprint of legal realism, and pragmatism.
  • Constitutional Law
    The study of constitutional law is among the most exciting parts of the law because it provides for the structure and functioning of the U.S. government. In this module, Dean Ruger will address the document itself, how it has been applied over time, the history of the document, and what makes it unique. The structure of the U.S. government as a government of limited, separated powers will be explored along with the important individual rights the Constitution provides and how the U.S. Constitution compares to others around the world.
  • Criminal Law
    In this module, Professor Morse will focus on the basics of criminal law, an area of law so exciting that countless TV shows and movies have been based on it. The major aspects of criminal law will be discussed - why we impose punishment, when we impose the most punishment, and how the state proves a criminal case. Defenses to criminal charges, which are divided into justifications and excuses will also be addressed.
  • Civil Procedure
    In this module, Professor Wolff will introduce us to some of the major issues in civil procedure law. Civil procedure is the study of the rules of court that must be followed by the judge and parties in civil cases (as opposed to criminal cases – criminal procedure is a whole other area of the law, but law students learn civil procedure first because it gives the structure of typical trials). The essence of a law school civil procedure course is the study of the Federal Rules of Civil Procedure. A copy of these is linked in the syllabus for you to scan. The rules tell you how to file a lawsuit and how the court must function while it is considering a lawsuit. Professor Wolff will introduce you to the doctrinal area of procedure and will highlight some of the major modern issues in procedure law.
Assessment Elements

Assessment Elements

  • non-blocking Current control: tests during the course
  • non-blocking Intermediate control: interview with the teacher
Interim Assessment

Interim Assessment

  • Interim assessment (4 module)
    0.7 * Current control: tests during the course + 0.3 * Intermediate control: interview with the teacher


Recommended Core Bibliography

  • Friedman, L. M., & Hayden, G. M. (2016). American Law : An Introduction (Vol. Third edition). New York: Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1433372
  • Lawrence M. Friedman. (2019). A History of American Law. [N.p.]: Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2240500

Recommended Additional Bibliography

  • Posner, R. A. (1997). Law and Legal Theory in England and America. Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.oxp.obooks.9780198264712
  • White, G. E. (2014). American Legal History: A Very Short Introduction. Oxford: Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=826683