COMPARATIVE LEGAL SYSTEMS

Diplomatic, International and Global Security Studies COMPARATIVE LEGAL SYSTEMS

1212500004
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF6
DIPLOMATIC, INTERNATIONAL AND GLOBAL SECURITY STUDIES
2022/2023

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2019
SPRING SEMESTER
CFUHOURSACTIVITY
963LESSONS
ExamDate
ZAMBRANO07/12/2022 - 10:00
ZAMBRANO07/12/2022 - 10:00
ZAMBRANO09/01/2023 - 10:00
ZAMBRANO09/01/2023 - 10:00
ZAMBRANO30/01/2023 - 10:00
ZAMBRANO30/01/2023 - 10:00
ZAMBRANO20/02/2023 - 10:00
ZAMBRANO20/02/2023 - 10:00
ZAMBRANO12/04/2023 - 10:00
Objectives
IN ORDER TO SHOW CONVERGENCES AND CONTRASTS AMONGST DIFFERENT LEGAL SYSTEM, A TRAINING APPROACH BASED ON A DOGMATIC AS WELL AS CASE-LAW METOD IS USED. THIS APPROACH IS GENERALLY INTENDED TO SHOW HOW THE USE OF THE COMPARATIVE METHOD ALLOWS TO DETERMINE WHETHER THE RULES OF A LEGAL SYSTEM ARE CONSISTENT WITH THE THEORETICAL PROPOSITIONS DEVELOPED BY THE DOCTRINE TO EXPLAIN THE RATIONALE OF THOSE PRACTICAL RULES. STUDENTS GAIN AN IN-DEPTH UNDERSTANDING OF SOME OF THE MOST IMPORTANT AND RAPIDLY-CHANGING ISSUES OF THE LAW. ACHIEVEMENTS:
A) KNOWLEDGE AND UNDERSTANDING: TO BE ABLE TO UNDERSTAND AND MANAGE PROPERLY THE COMPARATIVE METHOD.
B)APPLYING KNOWLEDGE AND UNDERSTANDING: FULL ANALYSIS CAPABILITIES AND RELEVANT SKILLS IN SETTING THE LINES FOR A CORRECT AND COHERENT FORMULATION OF LEGAL ISSUES. THE COURSE WILL STRESS PROPER GRAMMAR, ORGANIZATION, LEGAL CITATION, AND ETHICAL CONSIDERATIONS IN LEGAL WRITING, AS WELL AS CASE LAW.
C) MAKING JUDGEMENTS: BY EXPLORING DIFFERENT APPROACHES TO THE DIFFERENT LEGAL SYSTEM; THE COURSE IS ALSO DESIGNED TO ACQUAINT STUDENTS WITH DIFFERENT MODES OF LEGAL ANALYSIS AND INTERPRETATION.
D) COMMUNICATION SKILLS: BY DEVELOPING CRITICAL REASONING ABILITIES AS TO IMPROVE SKILLS IN COMMUNICATION, RESEARCH, WRITING, AND MORE.
E) LEARNING SKILLS: THE STUDENTS WILL LEARN, THROUGH AN APPROPRIATE CASE LAW METHOD, HOW TO DEVELOP A CRITICAL AND AUTONOMOUS WAY OF REASONIG. BY ADAPTING THE TRADITIONAL WAY OF GIVING LECTURE, STUDENTS WILL LEARN HOW TO INCREASE THEIR COMPETENCE IN A CONTEXT THAT IS AIMED TO PROMOTE INTERDISCIPLINARY; TRANSNATIONAL AND COMPARATIVE STUDIES.

Prerequisites
TO PASS THE EXAMS IS HIGHLY RECOMMENDED THE KNOWLEDGE OF MODERN AND CONTEMPORARY HISTORY; GOOD KNOWLEDGE OF SOME BASIC QUESTIONS RAISED BY THE DIVERGENCES AMONG DIFFERENT LEGAL SYSTEMS; GOOD KNOWLEDGE, IN ORAL AND WRITTEN FORMS, OF ONE OF THE EU LANGUAGES,AND RELATED LEGAL TERMINOLOGY.
Contents
THE COURSE IS AIMED AT SHOWING THE COMPLEXITY OF THE LEGAL SYSTEMS. HENCE THE NEED TO EXPLAIN:
A) IN WHICH WAY THE WIDENING OF THE HISTORICAL PERSPECTIVE HAS INFLUENCED THE SCIENTIFIC RESEARCH (5H);
B) WHAT DETERMINES THE TRANSFORMATION OF THE LEGAL SYSTEMS (5H);
C) THE NATURE OF COMPARATIVE LAW AND ITS EVOLUTION (8H);
D) THE LEGAL FAMILIES (5H);
E) THE CIVIL LAW TRADITION (8H);
F) THE AGE OF CODIFICATIONS (5H);
G) THE SOURCES OF LAW (8H);
H) COURTS IN CIVIL LAW TRADITION (8H +2 SEMINARS);
I) COMMON LAW TRADITION (8H);
J) USA AND THE COMMON LAW (8H);
K) THE CASEBOOK AS A TEACHING TOOL OF COMPARATIVE LAW (8H);
L) LEGAL TRADITION OF NORDIC COUNTRIES (3H).
THEORETICAL APPROACH TO GATHER SKILLS, IS FOLLOWED BY THE STUDY OF THE SPECIFIC FEATURES OF THE DIFFERENT LEGAL SYSTEMS (2H SEMINARS).IN PARTICULAR, THE PROBLEMS RELATED TO THE USE OF THE INTERNET AND BIG DATA IN RELATION TO CIVIL LIABILITY WILL BE ANALYZED.
Teaching Methods
THE LECTURE IS AIMED AT IMPROVING THE CRITICAL CAPABILITIES OF THE STUDENTS. A CONTINUOUS ASSESSEMENT WILL GIVE THE OPPORTUNITY TO FOLLOW THE LEVEL OF LEARNIG AND, EVENTUALLY, TO TAKE THE NECESSARY CORRECTIVE STEPS. TO ACHIEVE THOSE GOALS. GREAT ATTENTION WILL BE PAYED TO METHODOLOGICAL AND SYSTEMATIC CONTENT RATHER THAN TO QUANTITY OF CONCEPTS. THE COURSE WILL BE INTEGRATED BY SEMINARS AND WORKSHOP IN ORDER TO ALLOW STUDENTS TO APPLY WHAT THEY HAVE LEARNED.TO RESPOND FLEXIBLY TO THE SPECIFIC NEEDS OF EACH STUDENT, THE PROFESSOR CAN SUGGEST ALTERNATIVE OR ADDITIONAL READINGS, DURING THE LESSONS AND TO THE STUDENTS WHO ARE WILLING TO KNOW MORE OR TO DEEPEN THE TOPIC.
Verification of learning
TWO DIFFERENT TYPES OF ASSESSMENT ARE OFFERED.
FOR STUDENTS NOT ATTENDING THE COURSE: FINAL ORAL EXAMS.
FOR STUDENT ATTENDING THE COURSE: FINAL ORAL EXAMS WHERE GREAT ATTENTION IS PAYED ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE, AS WELL AS THE READING OF ARTICLES HANDED OUT. DURING THE LAST WEEK OF THE COURSE, STUDENTS CAN ASK FOR AN ASSESSEMENT, THAT WILL EXEMPT THEM FROM THE EXAM, OR TO WRITE AND DISCUSS A PAPER ON A TOPIC, PREVIOUSLY AGREED UPON WITH THE LECTURER.
METHOD OF EXAMINATION: ORAL EXAMINATION IS DIVIDED INTO TWO PHASES.
IN THE FIRST PHASE THE STUDENT MUST DEMONSTRATE KNOWLEDGE OF THE FUNDAMENTAL NOTIONS OF LEGAL SYSTEMS, IN PARTICULAR THE NATURE OF THE DISTINCTION BETWEEN CIVIL LAW AND COMMON LAW AND THE DEVELOPMENT OF OTHER LEGAL SYSTEMS.
IN THE SECOND, IT WILL ALSO HAVE TO BE ABLE, IN RELATION TO SPECIFIC LEGAL INSTITUTIONS, TO GRASP THEIR DISTINCTIVE TRAITS, EXTRACTING THE INFORMATION NECESSARY TO UNDERSTAND THE DIFFERENCES.
THE FINAL MARK IS AWARDED IN THIRTIETHS AND IS OBTAINED AS THE AVERAGE OF THE EVALUATIONS ACHIEVED IN THE TWO PHASES.
THE EXAM IS CONSIDERED PASSED WHEN THE VOTE FOR EACH OF THE TWO PHASES IS GREATER THAN 15/30 AND THAT
OVERALL IS GREATER THAN OR EQUAL TO 18.
THE MINIMUM LEVEL OF EVALUATION (15) IS ASSIGNED WHEN THE STUDENT HAS A PIECEMEAL KNOWLEDGE OF
THEORETICAL CONTENT OR SHOWS A LIMITED ABILITY TO LINK LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY.
THE MAXIMUM LEVEL (30) IS ASSIGNED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE
OF THEORETICAL CONTENTS OR SHOWS A REMARKABLE ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF
STUDY.
STANDARDS OF JUDGEMENT:
A) PROPERLY USE OF THE LEGAL TERMINOLOGY;
B)SYSTEMATIC ARTICULATION OF THE LEGAL WAY OF REASONING;
C) ABILITY TO CHOOSE, AMOMGST LEGAL CONCEPTS, THOSE WHO ARE OF RELEVANCE;
D) DEVELOPEMENT OF A LEGAL WAY OF REASONING, ABLE TO SHOW INDUCTIVE AND DEDUCTIVE INFERENCES.
Texts
L.J. CONSTANTINESCO, INTRODUZIONE AL DIRITTO COMPARATO, GIAPPICHELLI, TORINO, ULT. ED.
V.VARANO-V.BARSOTTI, LA TRADIZIONE GIURIDICA OCCIDENTALE. TESTO E MATERIALI PER UN CONFRONTO CIVIL LAW COMMON LAW, 6ED., GIAPPICHELLI, TORINO, 2018.
More Information
THE LESSONS ARE AIMED TO FACILITATE AN INTERACTIVE COMMUNICATION BETWEEN THE STUDENTS AND THE PROFESSOR AND TO STIMULATE A CRITICAL VISION OF LAW.
THE LESSONS ARE THOUGHT FOR ATTENDING STUDENTS THAT CAN BENEFIT FROM THAT EXPERIENCE.
AVAILABILTY OF THE PROFESSOR TO GIVE SUPPLEMENTARY EXPLANATIONS.
LANGUAGE: ITALIAN, BUT LESSONS COULD ALSO BE HELD IN ENGLISH, AS WELL AS EXERCISES AND RESEARCH REPORT PROCESSING. THEREFORE, THE USE OF DOCUMENTARY AND BIBLIOGRAPHICAL SOURCES IN ENGLISH IS ALSO ENVISAGED.
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