Course teached as: - SISTEMI GIURIDICI COMPARATI 5-years Single Cycle Degree in LAW
Teaching Language - Last names H-Z
Italian
Course Content - Last names H-Z
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 sources of law in the civil law and common law traditions.
V. Varano - V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 7th ed., 2021, chapters I-II-III-IV-V.
Learning Objectives - Last names H-Z
The course aims to provide an introduction to the comparative method and its role in contemporary legal education, as well as the knowledge of the differences and similarities of the civil law and common law traditions, mainly through the study of the sources of law.
Students will be able to independently research legislative materials, case law and doctrine of a foreign legal system in order to frame and solve legal problems through the comparative method. In particular, students will be able to identify and select properly the main interpretations of these sources by scholars and courts, considering their different role in the two main legal traditions.
Moreover, students will acquire the capacity to understand the differences and similarities characterizing the two Western legal traditions and the awareness of the importance of culture in the shaping of the legal traditions that will enable them to rethink critically the traditional categories of their own legal system.
This knowledge, together with a familiarity with different languages and legal concepts, will be useful also in view of a future career in law firms or notaries specialized in international law issues, in international institutions, and in private profit and non-profit organizations.
Prerequisites - Last names H-Z
"Constitutional law I" and "Civil law I" shall be already taken. This requirement does not apply to Erasmus+ students and other exchange students.
Teaching Methods - Last names H-Z
Classes are taught mainly through lectures, but also through the discussion of cases and scholarly writings indicated in advance. Students are constantly encouraged to express their opinions and to compare what they already know with the new knowledge acquired through the course.
At the end of each general topic a self-evaluation test is held.
The course syllabus will be available to attending students at the beginning of the course.
Type of Assessment - Last names H-Z
Oral examination usually consisting of two or three questions.
The first question deals with a broad topic, in order to allow the student to show her knowledge as well as the ability to connect the different parts of the program using the comparative method.
The second question might be narrower and deals with a different part of the program, in order to check the existence of serious gaps.
The teacher may ask a third question when the previous answers leave a margin of doubt about the evaluation to be assigned, for example because there is a significant difference in the evaluation of the previous answers.
The evaluation is sufficient if all answers are sufficient and there are no serious gaps or mistakes. The evaluation is excellent if all the questions are treated exhaustively, with a critical approach and a correct use of legal language.
Course program - Last names H-Z
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 the second part of the course, the students will be exposed to the historical evolution and the main features of the common law and civil traditions. 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 last part of the course is devoted to the study of how the Western Legal Tradition has affected other legal system such as India, China, Japan, Latin America, and Islamic Countries.