AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

The second module completes students’ knowledge of legal systems other than the Italian one by deepening the study of legal traditions beyond the Western tradition. From a comparative law perspective, selected private law institutions characteristic of the Chinese, Indian, African and Islamic legal traditions will therefore be examined.

Thanks to these insights and the analysis of concrete cases, students:

- will be able to broaden their legal and cultural landscape, acquiring the ability to relate to some aspects of foreign law

- will have understood how the objectives and methods of comparative law come into play in the law in action

- will have familiarized  with the concept of legal tradition and will be able to relate the private institutions analyzed with the characteristics of the relative legal tradition

- will be able to identify the differences and convergences of legal systems belonging to the same legal tradition

- will be able to critically and independently assess the risks associated with a naive comparison of legal situations characterized by transnationality

The course develops the following transversal competences: functional literacy, personal and social competences, and project development skills.

TEACHING METHODS

The module will take place through frontal lectures for a total of 18 hours (corresponding to 3 CFU), during which practical cases  previously made available to students will also be proposed and discussed.

During the academic year, seminars and meetings with specialists - to which students will be invited to participate in order to deepen some topics under examination - will be organized.

The lectures are aimed at providing basic knowledge and illustrating the main problematic issues concerning the topics addressed. The moments of discussion are instead aimed at stimulating the critical learning of students who are asked to develop their own understanding; this understanding starts from the reading of the proposed materials and the knowledge transmitted by the teacher and aims to promote students' autonomous awareness of the topics covered.

Lessons take place in the traditional face-to-face way.

The teacher will use aulaweb for announcements relating to lectures, seminars and conferences by uploading useful materials including slides dealing with the topics addressed in class.

SYLLABUS/CONTENT

The course examines, from a comparative law perspective, the main non-Western legal traditions – Islamic, Indian, Chinese and African – with particular emphasis on private law institutions and the regulation of relationships between private parties. It explores the interaction between law, culture, religion and social organization, as well as the evolution of legal systems through their encounter with Western models.

Particular attention is devoted to the sources and interpretation of Sharī‘a and the legal position of the individual in Islamic law, the plurality and development of Indian legal traditions, the transformation and codification of Chinese civil law, and the plurality of African legal traditions and their relationship with customary law and Western-derived legal models.

RECOMMENDED READING/BIBLIOGRAPHY

For attending students:

G. Ajani, D. Francavilla, B. Pasa, Diritto Comparato. Libro III Le tradizioni giuridiche asiatiche e africane ( Cap. 1, 2, 3 e 4) (Giappichelli, Torino, 2023)  excluded "Documents" but included provided materials.

For non attending students:

G. Ajani, D. Francavilla, B. Pasa, Diritto Comparato. Libro III Le tradizioni giuridiche asiatiche e africane ( Cap. 1, 2, 3 e 4) (Giappichelli, Torino, 2023)  included "Documents".

TEACHERS AND EXAM BOARD

Exam Board

OMAR CARAMASCHI (President)

ELENA ANNA GRASSO (President)

VINCENZO SCIARABBA (President)

LESSONS

LESSONS START

Lessons will take place in the second semester

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

Students who attend classes have the option of taking a written exam at the end of the course.

Students who attend classes but do not wish to avail themselves of this option must follow the syllabus designated for attending students. Non-attending students must follow the syllabus designated for non-attending students, as specified in the Academic Guide.

Attendance remains valid until the autumn exam session of the following academic year.

ASSESSMENT METHODS

With regard to the written examination, students will be asked multiple-choice questions together with open-ended questions, through which they will be required to demonstrate their ability to organise the knowledge acquired and to engage in critical reasoning.

With regard to the oral examination, assessment will take into account students’ knowledge and understanding of the topics covered, their ability to apply the knowledge acquired, their capacity for independent judgement, their ability to articulate arguments, and their appropriate use of legal terminology.