ITA | ENG
B005056 - COMPARATIVE LEGAL SYSTEMS
Main information
Teaching Language
Course Content
Suggested readings
Learning Objectives
Prerequisites
Teaching Methods
Type of Assessment
Course program
Academic Year 2015-16
Course year
First year - First Semester
Belonging Department
Economics and Management (DISEI)
Course Type
Single education field course
Scientific Area
IUS/02 - COMPARATIVE PRIVATE LAW
Credits
6
Teaching Hours
48
Teaching Term
14/09/2015 ⇒ 04/12/2015
Attendance required
No
Type of Evaluation
Final Grade
Course Content
show
Course program
show
Lectureship
Teaching Language
Italian
Course Content
This course aims to give students a basic knowledge and understanding of the main characteristics of the legal systems belonging to the Western Legal Tradition, with particular reference to private law. Topics include historical development, sources of law, the machinery of justice, and current trends.
Suggested readings (Search our library's catalogue)
V. Varano - V. Barsotti, "La tradizione giuridica occidentale - Testo e materiali per un confronto civil law – common law", 5th ed., Torino, Giappichelli, 2014, appendixes excluded.
To help them in their first approach to the study of law, students are suggested, but not required, to read P. Grossi, "Prima lezione di diritto", Roma – Bari, Laterza, 2003.
To help them in their first approach to the study of law, students are suggested, but not required, to read P. Grossi, "Prima lezione di diritto", Roma – Bari, Laterza, 2003.
Learning Objectives
KNOWLEDGE: Introduction to the comparative method and its role in contemporary legal and non legal education. Analysis of the converging and diverging elements of the civil law and the common law tradition, mainly through the study of the sources of law. Diffusion of the Western Legal Tradition around the world.
ABILITIES: Familiarity with the languages and concepts of different legal traditions. Consciousness that a particular legal problem may have different solutions. Sensitiveness and openness to different legal cultures.
ABILITIES: Familiarity with the languages and concepts of different legal traditions. Consciousness that a particular legal problem may have different solutions. Sensitiveness and openness to different legal cultures.
Prerequisites
None
Teaching Methods
Lectures: 48 hours
Type of Assessment
oral examination
Course program
The course aims at offering to the students an introduction to legal comparison. In particular, through this course the students will be exposed to the historical evolution and the main features of the civil law tradition in comparison with the common law tradition, mainly through the study of the sources of law.
The course will deal in some detail with the following topics: nature and aims of comparative law, legal families; the formative period of the civil law and the great codifications of the 19th century; the present landscape of the sources of law in civil law (constitutions and judicial review, courts and case law, and doctrine as a source of law); civil law in Eastern Europe; the origins and development of English common law and equity; legal professions, courts and procedure in England; sources of law in England (constitutional law, case law, and statutory law); common law in the United States (U.S. Constitution, judiciary and judicial review, federalism, and factors producing simplification and uniformity); the diffusion of the Western Legal Tradition in Latin America, China, Japan, India, and Islamic countries.
The course will deal in some detail with the following topics: nature and aims of comparative law, legal families; the formative period of the civil law and the great codifications of the 19th century; the present landscape of the sources of law in civil law (constitutions and judicial review, courts and case law, and doctrine as a source of law); civil law in Eastern Europe; the origins and development of English common law and equity; legal professions, courts and procedure in England; sources of law in England (constitutional law, case law, and statutory law); common law in the United States (U.S. Constitution, judiciary and judicial review, federalism, and factors producing simplification and uniformity); the diffusion of the Western Legal Tradition in Latin America, China, Japan, India, and Islamic countries.