The course will deal with the study of comparative private law. Theory and practice will be both taken into consideration with a view to analysing debated topics of core legal areas, in the field of civil remedies, both in the context of child and family law and other ambits concerning the rights of the persons, with a special focus on the protection of constitutional rights, in light of fundamental values, freedoms and principles (equality, dignity, social solidarity) and of legal comparison
FOR STUDENTS ATTENDING CLASSES
Cases and materials made available during the course (e.g., essays, chapters and articles written by Italian and foreign legal scholars published in books, reviews and journals; judicial decisions and statutory sources of law) as well as further resources (i.e., videos) to which access will be possible, listed or uploaded on the Moodle platform.
FOR STUDENTS NOT ATTENDING CLASSES
The following Chapters of the book edited by E. Urso, "Leggi, diritto, giustizia ed etica. Un dialogo tra storia e presente", Tricase-Lecce, Libellula, 2nd edition 2021. This book is available in the library of Novoli Social Science campus, at the following location:
- TESTO 340.11 URSOE/2021 (ground floor)
- GEN 340.11 URSOE/2021 (second floor).
a) Chapter IV, Part I - M. G. Bernardini, Giustizia vs diritto? A proposito dei diritti delle donne con disabilità;
b) Chapter V, Parte I - Luca Giacomelli, Il giudice soggetto alla legge... che non c'è: giustizia, equità e doveri di solidarietà;
c) Chapter VII, Parte I, - Sofia Ciuffoletti, Quale prezzo per la libertà? Quale prezzo per la dignità?
d) Chapter, Part II - Danuta Mendelson, Gli exemplary damages nel diritto inglese: le origini di una legal doctrine;
e) Chapter, II Part II - Elena Urso, Il “crocevia tripartito" della responsabilità: una comparazione tra modelli legislativi e giurisprudenziali.
A new (3rd) editione is forthcoming, in 2024.
Learning Objectives
The advanced course of "Comparative Legal Systems" is aimed at favouring a critical approach, based on a comparative analysis and on the knowledge of some core topics of contemporary private law, thanks to a comparative study of much debated issues, while adopting a case method and a perspective centered on a theoretical standpoint, in dealing with the protection of the rights of the persons, considered from several standpoints. The study will be carried out in light of various different national legal experiences and in respect of the development of EU law and of judicial trends adopted by the EUCJ and the ECtHR, as well as of international law provisions.
Another purpose that characterises the course consists in enhancing the level of development of students' research skills and their ability in both analysis and synthesis, by promoting direct enquires aimed at finding sources of law and favouring critical studies devoted to applicable legislation. Furthermore, students will improve their capacity of exploring different legal argumentations and sharing them – in written papers and in speech – thanks to dialogues open to a dialectical interaction with other students and the teacher.
Another purpose that is persevered is the identification and use of research tools and methods necessary to give rise to a comparative study (e.g., of foreign writings, journals, data banks, online and in print, official and unofficial reports in order to find legal materials on which the study of various topics will be based).
Finally, a twofold goal can be considered fundamental. On the one hand, enhancing students' ability to make researches both individually and collectively, with the purpose of focusing on the interrelationships between various disciplines and proposing a critical vision of each topic dealt with, in light of the specificities of single legal experiences and the plurality of sources of law, from a comparative viewepoint. On the other hand, it is a matter of favouring a deeper awareness of the complexity of comparative study of legal topics, by reading texts in a foreign language, while taking into account divergences among various perspectives and the coexistence of judicial and extra-judicial methods of conflicts resolution.
Prerequisites
Special interest towards foreign legal systems and of comparative method.
Teaching Methods
Classes will be held on campus. Students attending classes constantly will have the chance of writing and presenting a paper orally, to promote a debate with other students, on a topic selected together with the teacher. A written draft shall be delivered, soon afterwards. Seminars, with the participation of national and international experts, will be carried out both on campus and online, in live streaming.
Further information
Only students who attend classes constantly will be allowed to opt for the possibility of being examined in the way expressly indicated for those "attending" the course. Absences should be justified expressly. They cannot amount to more than 1/10 of lenght of classes. Presence will be verified by making the call, at the beginning and at the end of each class.
If a student is interested in drafting a final dissertation (graduation) thesis in “Advanced legal system”, some specified subjects shall be inserted into the "study programme", while following the suggestions given by the teacher in light of each individual university CV.
A good knowledge of at least one widely spoken foreign language is necessary (e.g., English, French or Spanish), given the need to read original (not translated) texts (books, articles, statutes and judicial decisions).
Students who have a good knowledge of English are greatly recommended to enroll in the course of "Private Comparative Law" and, if possible, to attend classes.
Type of Assessment
STUDENTS WHO DO NOT ATTEND CLASSES
Oral examination is the only evaluation method in case of students who do not attend classes. Three questions will be asked, about different parts of the syllabus. The first question will deal with a general topic analysed in the collection entitled "Leggi, diritto, giustizia ed etica".The second one will be based on other profiles, selected among those analysed in the same collection. The third question will be devoted to a topic (among those analysed in the same book) apt to favour students' capacity to illustrate their capacity of proposing a critical, comparative reflection.
The evalution will be "excellent" in case of complete and well structured replies; "good" if a general vision is exposed correctly, and "sufficient" whenever a mere illustration of the examined issues is proposed.
STUDENTS WHO ATTEND CLASSES
Students who attend classes will be invited to take part in the debate, especially during seminars A wide discussion will be promoted, thanks to prior indications of bibliographical references tailored for all students, in light of their personal linguistic skills and knowledges and in light of their involvement in seminars too. Each student will be allowed to deliver a paper devoted to a specific topic so to give rise to a debate during classes. A PowerPoint presentation (with the possibility of proposing also videos, images, links) will be planned in order to favour a wider participation.
Course program
A first part will have an introductory nature. It will be devoted to an historical and comparative overview of the main features of legal systems in the field of private law. Furthermore, a more detailed analysis will be made in respect of core areas of child and family law and of civil liability, with a special focus on cases of harms consisting in non pecuniary losses. Among the topics that will deserve the utmost interest, it is worth mentioning anti-discrimination strategies, civil remedies for breach of life, physical integrity, health, privacy, self-determination, in several private law contexts, while emphasising interconnections with other legal fields.
During seminars, specific topics will be examined, thanks to direct interactions between students and the teacher.
Sustainable Development Goals 2030
This course aims to fulfill the purposes of 2030 UN Agenda for Sustainable Development.