TEACHING MATERIALS
The textbooks which will be used is: M. A. GLENDON, P. G. CAROZZA & C. B. PICKER, Comparative Legal Traditions in a Nutshell, Thomson/West, 2008; T. FINE, An Introduction to the Anglo American Legal System, Thomson/ Aranzadi, 2007
Learning Objectives
LEARNING OBJECTIVES
Knowledge
Introduction to the comparative method and its role in contemporary legal education. Analysis of the civil law and the common law traditions, mainly through the study of the sources of law.
Abilities
Skills in researching legislative, decisional and bibliographical materials, in order to frame and solve legal problems in the light of 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 traditions. Acquisition of familiarity with different languages and legal concepts.
Prerequisites
PRE-REQUISITES
Students must have passed the exams in: Private Law (Diritto Privato I), Constitutional Law (Diritto costituzionale generale). This requirement does not apply to Erasmus and individual course students.
Teaching Methods
TEACHING METHODS
Students are strongly recommended to attend the classes regularly, and participate actively in the discussions, and consequently to register with any of the instructors within the second week of classes.
The course will consist of 40 hours of lectures with plenty of opportunities for discussing in class the materials assigned on a weekly basis.
Type of Assessment
EXAMINATION
There will be an oral examination at the end of the course based on the teaching materials indicated above.
Students attending regularly the course may ask to be evaluated on their class participation and on a written paper on a subject agreed upon with the instructors, to be submitted within three months from the end of the course.
Course program
PROGRAMME
The course is open to foreign and Italian students fluent in spoken and written English.
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 intended 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. Reference will also be made to the making of a European law.