OVERVIEW

Introduction to Legal Comparison and Comparative Legal Systems (Introduzione alla comparazione giuridica e ai sistemi giuridici comparati 64927) forms part of the course Comparative Private and Public Law.

Following an introduction to legal comparison, the lectures cover the main civil law and common law traditions.

Throughout the module, students will analyse source texts in their original languages, particularly case law.

Please note: Department of Modern Languages and Cultures: students should refer to Groups A–L (regardless of the first letter of their surname). The programme is set out in the relevant section of the course description.

AIMS AND CONTENT

LEARNING OUTCOMES

Comparative private law focuses on the comparative study of both the main foreign legal systems and specific legal institutions belonging to legal traditions different from the Italian one, and aims to provide students with the tools to interpret them correctly.

AIMS AND LEARNING OUTCOMES

The aim of the lectures is to provide the studentes with a general knowledge on foreign legal orders and to give them the tools to properly understand those legal experiences. The first part of the teaching is intended to contribute to the education of a professional operating in a complex world marked by the constant need of a comparison between different legal orders and instances of harmonization. This part shall also encourage students to develop a critical attitude in approaching law issues and to enable them to interact with lawyers from different legal traditions.

At the end of the year, students will have acquired a general knowledge on foreign legal orders main characteristics and they will be able to understand those countries legal sources (in their own languages).  Thanks to a proper case law analysis, students will also acquire the skills to research foreign legal sources and the ability to understand and make proper use of foreign legal materials. They will also have developed the ability of (critically) evaluating subjects of their studies.

Students will acquire a general knowledge on principal research paths and on how to use legal databases, so they will be able to update their legal research on their own.

In particular, thanks to their participation in the planned teaching activities, by the end of the course students will be able to: communicate effectively in written and oral form, adapting their communication to the context and using various sources and aids to this end. They will have developed critical thinking, as well as the ability to use, process and evaluate information, finally improving their argumentative skills (functional literacy). They will have developed the ability to identify their own abilities; they will have acquired the ability to concentrate and reflect critically on a task; they will be able to handle complexity; they will be autonomous in making decisions and carrying out tasks; they will be able to seek support if necessary and be resilient as well as being able to handle stress (personal competence). They will also have developed social competence, i.e. the ability to manage their own social interactions with a collaborative attitude, with constructive communication in different environments; the ability to respect others and their needs, willingness to overcome prejudices, to express and understand different points of view, conflict management, the ability to build trust, empathy. Finally, they will also be able to learn how to learn, they will therefore have awareness of their own learning strategies, organisation and evaluation of personal learning according to what they have understood and learned, understanding of their own needs and ways of developing skills, ability to identify and pursue learning objectives.

PREREQUISITES

Knowledge of at least one of the following languages: English, French, German. N.B. please, check all the pre-requisites exames on the Manifesto

TEACHING METHODS

Teaching is carried out by means of lectures, also with the use of multimedia supports (videos and the Mentimeter platform), seminars held by lecturers from other universities, specialists in the subject matter and in-depth studies by students. To this end, various teaching methods will be used during the lessons to acquire transversal skills such as the Flipped classroom and Team Based Learning, a structured method of innovative teaching, which alternates individual and group work phases and encourages the development of skills such as problem solving and team working. Training tests (via Aulaweb quizzes and Wooclap) will also be offered througout the year. Lectures may be held by judges, lawyers and scholars from other Universities, specialised on the concerned matters.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

Following an introductory section on comparative law, the lectures will focus on the evolution of legal and philosophical thought that led to the codification movement of the 20th century. Particular attention will be given to the codifications of private law in the French and German legal systems. The course will then focus on the analysis of common law systems: it will cover the historical development of the English legal system and its current structure, with particular regard to the administration of justice and the sources of law; attention will also be given to the distinctive features of the U.S. system. In addition to the historical evolution of these systems, the course will address the sources of law, techniques of legal reasoning, and the most significant legal institutions of the various legal systems studied. An in-depth examination will also be devoted to Chinese law and Islamic law. 

Erasmus students are kindly asked to contact the teacher at francesca.brunetta@unige.it  

RECOMMENDED READING/BIBLIOGRAPHY

Laurea Magistrale in Giurisprudenza

Attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2024, ch. I, II, III, IV and V (addendums excluded)

R. Cavalieri (cur.), Diritto dell’Asia Orientale, 2° ed, Venezia, 2019, pp. 15-129

NOT attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2024, ch. I, II, III, IV and V (addendums excluded)

R. Cavalieri (cur.), Diritto dell’Asia Orientale, 2° ed, Venezia, 2019, pp. 15-129

M. Lupoi, Sistemi giuridici comparati, Traccia di un corso, ESI, 2001, pp. 1- 172

Department of Languages and Modern cultures  

Attending students

V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2024, ch. I, II, III, IV and V (addendums excluded)

NOT attending students
V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2024, ch. I, II, III, IV and V (addendums excluded)

R. Cavalieri (cur.), Diritto dell’Asia Orientale, 2° ed., Venezia, 2019, pp. 15-129

Please note: The teaching materials (slides and materials used during the lectures) will be available on the Aulaweb platform.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The timetable for this course is available at: EasyAcademy Portal

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Master Degree in Law (Laurea Magistrale in Giurisprudenza)

Attending students will take a written examination, with open-ended questions in May 2027. The exam will be on the programs taught in class, included the arguments subject on an in-depth-studying and the materials used in class (on aulaweb).

Students are considered to be in good standing if they have attended two-thirds of the classes. This attendance requirement remains valid through the fall exam session.

NOT attending students: They must take the oral exam in one solution at the end of the course, during regular session of examination

Department of Modern Languages and Cultures 

The examination procedures are those specified for the Master’s Degree in Law, for full-time and part-time students respectively, but limited to the syllabus indicated in the bibliography.    

Students enrolled in both the Master’s Degree in Law and those affiliated with the Department of Modern Languages and Cultures must register in advance (no later than 5 days before the exam session) to take the exam during the exam sessions, using the online procedures established and regulated by the University.

ASSESSMENT METHODS

The aim of the exam is to assess student knowledge of foreign legal orders key elements. It is also to verify the achievement of a proper legal vocabulary and the ability to sort and understand sources of law specially those seen in class. Examiners will ascertain the skill of connecting different topics.

Students having a valid certification of disability or Specific Learning Disorders (DSA) and having complied with Unige procedures (described here) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps). In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Please do register on Aulaweb and ask the professor for other information not included in the teaching schedule