117L - MAJOR LEGAL SYSTEMS COMPARED
Academic Year 2021/2022
Free text for the University
ANNA MARIA MANCALEONI (Tit.)
- Teaching style
- Lingua Insegnamento
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The student will aquire awareness of the variety of the nowadays legal systems, both within and outside the context of Europe (China, Japan, India, Muslim legal systems); he/she will be able to single out the main features of each model of legal systems and to know what method has to be applied to compare different institutions and models, by choosing the appropriate criteria.
The student will become aware of the usefulness of the comparative approach in order to understand actual problems and to start from the comparison in order to find possible solutions.
Students should have passed the exam on private and public or constitutional law
Basic notions. The comparative methodology. Borderline subjects. Purposes of the comparative approach. What is to be compared. Legal Families. The common rootes of civil law (historical evolution, sources of law, legal professions, the role of the legal doctrine, the organisation of justice). In particular: the french civil code, the German civil code and their influence. The English and US common law (historical evolution, sources of law, legal professions, the role of the legal doctrine, the organisation of justice, the doctrine of binding precedent the relationship between federal and States legal systems in the USA. The "mixed" legal systems. China, Japan, India, Muslim legal systems.
Seminars and discussion groups (possibly also with other professors and tutors).
Discussion and revision during the course.
In order to cope with the Covid some lessons could be offered online (streaming or registration). Lessons could take place at distance, through the available online platforms which make it possible the interaction between students and professor.
Verification of learning
At least a question for each part of the programme: civil law, common law (UK and US), other legal systems.
A part of the lessons will be dedicated to the discussion in order to verify the knowledge and understanding of the topics dealt with in the previous lessons.
Depending on the situation related to the Corona virus, the above examination could be replaced with individual or group assignments, oral discussion or written evaluation at distance through the online platforms available (teams, moddle ecc.)
V. Varano V. Barsotti, La tradizione giuridica occidentale, Giappichelli, Torino, 2021 (VII edition):
Some materials can be found on the course's webpage, some will be made available during the course and seminars