Course teached as: - SISTEMI GIURIDICI COMPARATI 5-years Single Cycle Degree in LAW
Teaching Language - Last names A-D
Italian
Course Content - Last names A-D
The course aims at offering to the students an introduction to legal comparison, to the role of comparative law in the education of lawyers that intended 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 tradition.
Per la prima parte del corso:
- V. Varano e V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 4° ed., pp, 2010, vol. I, 1-499
Per la seconda parte del corso:
- V. Varano e V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 4° ed., pp, 2010, vol. I, pp. 500-572
Learning Objectives - Last names A-D
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 lagal traditions. Aquisition of familairity with different languages and legal concepts.
Prerequisites - Last names A-D
Sudents must have passed the following exams: Private Law (Diritto privato I), Constitutional Law (Diritto costituzionale generale).
Teaching Methods - Last names A-D
Students are strongly recommended to attend classes regularly.
The first part of the course will consist of 40 hours of lectures.
The second part will consist of 20 hours of seminars.
Type of Assessment - Last names A-D
Oral exam
Course program - Last names A-D
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 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.
The second part of the course will be devoted to the study of how the Western Legal Tradition has impacted on other legal families such as India, China, Japan, Latin America, Islamic Countries.