Course teached as: B026411 - SISTEMI GIURIDICI COMPARATI (IN LINGUA INGLESE) 5-years Single Cycle Degree in LAW
Teaching Language
English
Course Content
The course aims at offering to the students an introduction to legal
comparison and to the role of comparative law in the education of lawyers
who intend to operate in a global context. In particular, the students
will be exposed to the historical evolution and the main features of the
civil law and common law traditions.
For students regularly attending classes, the exam will be based on class notes and on the materials that will be available through Moodle.
Students who do no attend classes should prepare for the exam using the following materials:
a) for the 6 CFU course (Scienze dei Servizi Giuridici)
- M.A. Glendon, P.G. Carozza, C.B. Picker, Comparative Legal Traditions: Text, Materials and Cases on Western Law, 3rd ed., St. Paul, MN: Thomson West, 2007, pp. 1-49, 52-75, 79-99, 106-109, 121-125, 137-184, 226-242, 244-252, 258-260, 306-324, 349-53, 372-379, 393-395, 405-419, 430-455, 490-500, 593-604, 612-634, 640-645, 656-665;
- David S. Clark, T. Ansay (eds.), Introduction to the Law of the United States, 2nd ed., The Hague [etc.], Kluwer Law International, 2002, pp. 1-88;
b) For the 9 CFU course (Laurea magistrale), in addition to the materials under letter a)
M. Bussani, U. Mattei (eds.), The Cambridge Companion to Comparative Law, Cambridge, Cambridge University Press, 2012, pp. 257-276, 294-311, 344-365.
Learning Objectives
Knowledge
Introduction to the comparative method and its role in contemporary
legal education. Analysis of the civil law and common law traditions,
mainly through the sources of law.
Abilities
Skills in researching legislative materials, case law and doctrine in order
to frame and solve legal problems through the comparative method.
Results to be obtained
Capacity to understand the differences and similarities characterizing the
two Western legal traditions. Awareness of the importance of culture in
the shaping of the legal traditions. Acquisition of familairity with different
languages and legal concepts.
Prerequisites
Students must have passed the following exams: Private Law (Diritto privato I), Constitutional Law (Diritto costituzionale generale). This requiremt does not apply to Erasmus students and other exchange students.
Teaching Methods
Lectures with plenty of opportunities for discussing the materials assigned on a weekly basis.
Further information
None
Type of Assessment
Oral examination on all the topics dealt with during the course.
Course program
The first part of the course aims at offering to the students an
introduction to legal comparison, to its nature and goals, to the role of
comparative law in the education of lawyers who intend to operate in a
global context. In particular, through this course the students will be
exposed to the historical evolution and the main features of the civil law
and the common law tradition. In this connection, the analysis will touch
upon some issues, which show how the two great Western legal traditions
are gradually converging. Besides their formative period, the course will
deal in some detail with such topics as legal education, the legal
professions, courts and procedure, constitutions and judicial review of
legislation, the role of legislation, case law and doctrine as sources of law.
The second part of the course will be devoted to the study of how the
Western Legal Tradition has impacted on other legal system such as
India, China, Japan, Latin America, and Islamic Countries.