B026239 - MOD. II COMPARATIVE LEGAL SYSTEMS

Italian

The first part of the course will be devoted to the purposes and methods of comparative legal studies, from an interdisciplinary standpoint. Furthermore, the focus will be placed on the criteria and models apt to classify them. Then, the various sources of law will be analysed, both in the Western Legal Tradition and in other areas external to it. Specific topics of legal comparison will be dealt with too, in final seminars.

Textbook for students attending classes:

V. Varano - V. Barsotti (Eds.), "La tradizione giuridica occidentale. Testo e materiali per un confronto civil law – common law", 5a ed., Torino, Giappichelli, V ed., 2014. More precisely: Chapter II (pgs. 110-215); Chapter III (pgs. 263-372); Cap IV (pgs. 455-489) and Chapter V (pgs.493-552).

Alternatively, they can refer to:
A. Gambaro - R. Sacco, "Sistemi giuridici comparati", Torino, UTET, III ed., 2014 (pgs. 1-442).

Materials will be provided too, in class, as well as on Moodle.

Textbook for students who do not attend classes
V. Varano - V. Barsotti (Eds.), "La tradizione giuridica occidentale. - Testo e materiali per un confronto civil law – common law", Torino, Giappichelli, 2014, all the Chapters, with the exception of annexes with materials.

Development of the awareness necessary to cope with the changing scenarios of the current legal landscape. Consciousness of the complexity of the task of interpreting legislative provisions, seen in their actual, reciprocal interaction (i.e., in the interplay between statutory law and judge made law, formal and substantial source of law). Capacity of understanding the specificities of various different legal systems today as well as the social, political and economic reasons underlying their most important modifications. Aptitude to propose articulated argumentations to support feasible solutions, while facing opposite standpoints, to be viewed as the main causes of conflicts. In doing this, a transformative method will be promoted, with a view to reach a kind of mediation sensible to cultural diversities. Competence in proposing synthesis and analysis, both in oral and in written papers.

No previous requirements.
The optional course of "Public comparative law" is suggested, as a further study, in order to have a wider vision of the issues dealt with during the classes devoted to comparative legal systems.

Classes (40 hours) and seminars (8 hours).

Oral examination.
Only students who attend classes are allowed to take part in written exam-boards, which will take place at the end of May. In case of positive result, this will be taken into account in the final evaluation.

Introduction to the study of the law. Analysis of the debate about the methods, contents and purposes of legal comparison. Focus on the main issues of core areas for comparative private lawyers: i.e., the hierarchy and the interrelationship between the sources of law, in the contemporary legal systems that belong to the area in which a codification was adopted, within the so-called "Western Legal Tradition"; the development of various different legal systems; the current challenges in the globalization era.
The study of specific issues, with a view to examining the actual respect of the need to ensure an effective acknowledgment of the rights of all human beings: freedom, equality and social rights. Examination of opposite approaches towards judicial protection and vis-à-vis alternative methods of dispute resolution with a special focus on mediation of conflicts.