LEARNING OUTCOMES

form of comparative legal systems

AIMS AND LEARNING OUTCOMES

The aim of Part I is to provide general knowledge on foreign legal orders and to give to students the tools to proper understand those legal experiences.

This Part 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 term, students shall 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 shall acquire also the skills to research foreign legal sources and the ability to understand and make proper use of foreign legal materials. They shall 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 shall update their legal research on their own.

The course is part of the teaching innovation program run by Ateneo. According to this, the course will be run also by using tools and methodologies like Aulaweb, Wooclap, Team based learning etc. (for more info, see the course’s page on aulaweb).

TEACHING METHODS

Lectures (often run by the use of multimedia tools), seminars and even students work (such as in depth studies on some particular matters). The course is part of a project for the innovation of teaching. More infos on aulaweb.

SYLLABUS/CONTENT

In Part I, after a general introduction on legal comparison, lectures will focus on Common law systems. The analysis will start with the historical development and the actual status of the English legal system (with special focus on administration of justice and English legal sources). Then there will be a description of U.S. law’s peculiarities. It is important to notice that this Part shall not be focused just on historical development, but It will include legal sources analysis, understanding of foreign legal thinking and the explanation of main legal arrangements.

The goal of this Part is to increase the knowledge of foreign legal orders by the analysis of legal orders really different from the Italian such as the Chinese one, the Japanese one and those based on Islamic law. That’s why the course will host classes taught by scholars (from other Universities) that have gained a deep knowledge on those legal systems. Keeping in mind that this course aim is to train professionals able to interact with lawyer from different legal orders and with different legal cultures.

RECOMMENDED READING/BIBLIOGRAPHY

Attendance students

Notes and material on aulaweb, plus V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III, and  V (addendums excluded)

In employment students
V. Varano – V. Barsotti, La tradizione giuridica occidentale, vol. I, Testo e materiali per un confronto civil law common law, 7° ed., Torino, 2021, ch. I, III and V (addendums excluded)

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