Giurisprudenza | Comparative Legals Systems

cod. 0160100091

COMPARATIVE LEGALS SYSTEMS

	0160100091
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	LAW
	2014/2015

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 2
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/02	9	81	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

	Objectives
	EXPECTED LEARNING OUTCOMES: KNOWLEDGE AND COMPREHENSION SKILLS: THE TEACHING, OF GENERAL AND INTRODUCTIVE CHARACTER, AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE. COMPREHENSION AND KNOWLEDGE APPLYING SKILLS IT IS EXPECTED, IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW. MOREOVER, THE AIM IS TO RAISE AWARENESS OF DIFFERENT APPROACHES AND JURIDICAL SOLUTIONS AND, CONSEQUENTLY, A DEEPER COGNITION OF ONE’S OWN LEGAL ORDER. FURTHERMORE THE PURPOSE IS TO CONTRIBUTE TO THE FORMATION OF A LAWYER PROFILE OPERATING IN A COMPLEX REALITY, AFFECTED BY THE GLOBALIZATION DYNAMICS, BY THE INTERACTION BETWEEN NATIONAL LAW SOURCES AND SUPRANATIONAL ONES, BY COMPARATIVE PURPOSES AMONG DIFFERENT JURIDICAL CULTURES AND BY INSTANCES OF HARMONIZING SPECIFIC LAW AREAS. AUTONOMY OF JUDGMENT KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF THE MAIN MODERN JURIDICAL SYSTEMS, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES, TO DEVELOP A MORE CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN FORCE IN ONE’S OWN LEGAL ORDER. COMMUNICATIVE SKILLS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS. LEARNING SKILLS THE LEGAL COMPARATIVE METHOD ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES. THE TEACHING OF COMPARATIVE JURIDICAL SYSTEMS HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES, LIKEWISE, THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE COMPARISON OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS, THESE LATTER CONSIDERED IN A WIDE MEANING AND WITH PARTICULAR ATTENTION TO THE POSSIBLE OPPOSITION BETWEEN THE WESTERN JURIDICAL TRADITION AND OTHER DIVERSIFIED ONES. THE DIRECTION OF THE COURSE IS PROJECTED BOTH TOWARDS THEMES OF GENERAL THEORY, IN ORDER TO LET STUDENTS BE AWARE OF THE VARIABILITY AND THE RELATIVITY OF JURIDICAL CONCEPTS AND CATEGORIES, AND TOWARDS THE COMPARATIVE ANALYSIS OF SPECIFIC INSTITUTES, IN PARTICULAR IN THE AMBIT OF THE COMPARATIVE AND COMMUNITY LAW.

EXPECTED LEARNING OUTCOMES:

KNOWLEDGE AND COMPREHENSION SKILLS:

THE TEACHING, OF GENERAL AND INTRODUCTIVE CHARACTER, AIMS AT PASSING ON A KNOWLEDGE RELATING TO THE COMPARATISTIC METHOD AND TO ITS MOST IMPORTANT APPLICATIONS, AS WELL AS TO THE FUNDAMENTAL FEATURES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCTURE, CONVERGE.

COMPREHENSION AND KNOWLEDGE APPLYING SKILLS

IT IS EXPECTED, IN TERMS OF ACQUIRED ABILITIES, THE ACHIEVEMENT OF A GREATER AWARENESS ABOUT THE NECESSITY OF THE COMPARATISTIC REFLECTION IN A REALITY MORE AND MORE COMPLEX ALSO FROM A JURIDICAL POINT OF VIEW. MOREOVER, THE AIM IS TO RAISE AWARENESS OF DIFFERENT APPROACHES AND JURIDICAL SOLUTIONS AND, CONSEQUENTLY, A DEEPER COGNITION OF ONE’S OWN LEGAL ORDER.
FURTHERMORE THE PURPOSE IS TO CONTRIBUTE TO THE FORMATION OF A LAWYER PROFILE OPERATING IN A COMPLEX REALITY, AFFECTED BY THE GLOBALIZATION DYNAMICS, BY THE INTERACTION BETWEEN NATIONAL LAW SOURCES AND SUPRANATIONAL ONES, BY COMPARATIVE PURPOSES AMONG DIFFERENT JURIDICAL CULTURES AND BY INSTANCES OF HARMONIZING SPECIFIC LAW AREAS.

AUTONOMY OF JUDGMENT

KNOWLEDGE OF THE FUNDAMENTAL FEATURES OF THE MAIN MODERN JURIDICAL SYSTEMS, AS WELL AS ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL, THROUGH THE COMPARATIVE METHOD AND THE ANALYSIS OF OTHER JURIDICAL EXPERIENCES, TO DEVELOP A MORE CRITICAL UNDERSTANDING OF THE CHARACTERISTICS AND THE SOLUTIONS IN FORCE IN ONE’S OWN LEGAL ORDER.

COMMUNICATIVE SKILLS

ACQUIRING OF COGNITIVE TOOLS THAT ARE USEFUL TO INTERACT WITH JURISTS FROM DIFFERENT TRADITIONS, AND ALSO TO OPERATE IN BOTH NATIONAL AND SUPRANATIONAL CONTEXTS.

LEARNING SKILLS

THE LEGAL COMPARATIVE METHOD ENCOURAGES THE ACQUIRING OF AN INTERDISCIPLINARY LEARNING METHOD, AND OF THE SKILL TO DEVELOP ONE’S OWN ABILITY TO UNDERSTAND AND SOLVE JURIDICAL PROBLEMS ALSO THROUGH THE COMPARISON WITH OTHER EXPERIENCES.
THE TEACHING OF COMPARATIVE JURIDICAL SYSTEMS HAS A TWOFOLD FUNCTION. ON ONE HAND IT PROVIDES THE BASIS OF THE KNOWLEDGE OF ELEMENTS CHARACTERIZING SINGLE CODES GROUPED IN SYSTEMS OR JURIDICAL FAMILIES. ON THE OTHER ONES IT INDIVIDUALIZES, LIKEWISE, THE BASIC GUIDELINES THROUGH WHICH IT IS POSSIBLE TO ESTABLISH THE COMPARISON OR THE CONTRAST AMONG DIFFERENT JURIDICAL CODES AND SYSTEMS, THESE LATTER CONSIDERED IN A WIDE MEANING AND WITH PARTICULAR ATTENTION TO THE POSSIBLE OPPOSITION BETWEEN THE WESTERN JURIDICAL TRADITION AND OTHER DIVERSIFIED ONES. THE DIRECTION OF THE COURSE IS PROJECTED BOTH TOWARDS THEMES OF GENERAL THEORY, IN ORDER TO LET STUDENTS BE AWARE OF THE VARIABILITY AND THE RELATIVITY OF JURIDICAL CONCEPTS AND CATEGORIES, AND TOWARDS THE COMPARATIVE ANALYSIS OF SPECIFIC INSTITUTES, IN PARTICULAR IN THE AMBIT OF THE COMPARATIVE AND COMMUNITY LAW.

	Prerequisites
	CONSOLIDATE KNOWLEDGE OF THE ITALIAN LANGUAGE (WRITTEN AND ORAL); ABILITY TO CONSULT MAIN LEGAL TEXTS.

	Contents
	THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO THE COMPARATIVE METHODOLOGY, TO THE SYSTEMOLOGY, TO THE DIFFERENT CLASSIFICATION OF THE JURIDICAL SYSTEMS IN FAMILIES, TO THE ENQUIRE ABOUT THE MAIN EUROPEAN JURIDICAL SYSTEMS, AS WELL AS TO THE CIRCULATION OF MODELS AND TO THE MODERN FAMILIES COMPARISON. THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC PRIVATE LAW INSTITUTES STUDIED FROM A COMPARATIVE POINT OF VIEW.

Contents

THE COURSE CONSISTS OF TWO PARTS, THE FIRST ONE IS DEDICATED TO AN INTRODUCTION OF THE PROBLEM RELATING TO THE COMPARATIVE METHODOLOGY, TO THE SYSTEMOLOGY, TO THE DIFFERENT CLASSIFICATION OF THE JURIDICAL SYSTEMS IN FAMILIES, TO THE ENQUIRE ABOUT THE MAIN EUROPEAN JURIDICAL SYSTEMS, AS WELL AS TO THE CIRCULATION OF MODELS AND TO THE MODERN FAMILIES COMPARISON. THE SECOND PART IS DEDICATED TO THE THOROUGH ANALYSIS OF SOME SPECIFIC PRIVATE LAW INSTITUTES STUDIED FROM A COMPARATIVE POINT OF VIEW.

	Teaching Methods
	THE COURSE PROVIDES FOR TRADITIONAL FRONTAL LESSONS, DISCUSSION ABOUT CASES, ORIENTATION TO THE ACCESS TO THE SOURCES OF FOREIGN LAW.

	Verification of learning
	ORAL EXAM. IT IS POSSIBLE TO PROVIDE FOR AN INTERMEDIATE WRITTEN TEST FOR ANYONE WHO WANTS TO MAKE USE OF IT.

	Texts
	GENERAL PART: GAMBARO-SACCO, COMPARATIVE JURIDICAL SYSTEMS, ( UP TO SOCIALIST COUNTRIES EXCLUDED), TORINO, UTET, ULT. ED. P. RESCIGNO, CODES. HISTORY AND GEOGRAPHY OF AN IDEA, BARI, LATERZA,2013. SPECIAL PART: AUTORINO-SICA, COMPARISON AND CIVIL LAW. ROUTES, SALERNO, BRUNOLIBRI, 2007 OR AUTORINO-NOVIELLO-TROISI, MEDIATION AND CONCILIATION IN CIVIL AND COMMERCIAL CONTROVERSIES, MAGGIOLI, 2011.

	More Information
	THE TEACHING, OF GENERAL AND INTRODUCTORY CHARACTER, AIMS AT PASSING A KNOWLEDGE RELATING TO THE COMPARATIVE METHOD AND TO ITS MOST IMPORTANT APPLICATIONS, AS WELL AS TO THE FUNDAMENTAL OUTLINES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCUTURE, CONVERGE. STUDY COURSE: JURISPRUDENCE ACTIVITY TYPE LESSON DURATION (H) 81 ATTENDANCE FREE EDUCATIONAL ACTIVITY TYPE CHARACTERIZING DISCIPLINE SCIENTIFIC SECTOR COMPARATIVE PRIVATE PUBLIC LAW UFC (UNIVERSITY FORMATIVE CREDIT) 9 PARTITIONING LAST NAME INITIALS A-L

More Information

THE TEACHING, OF GENERAL AND INTRODUCTORY CHARACTER, AIMS AT PASSING A KNOWLEDGE RELATING TO THE COMPARATIVE METHOD AND TO ITS MOST IMPORTANT APPLICATIONS, AS WELL AS TO THE FUNDAMENTAL OUTLINES OF THE GREAT SYSTEMS IN WHICH DIFFERENT JURIDICAL CODES NOWADAYS IN FORCE IN THE WORLD, IN THEIR HISTORICAL EVOLUTION AND IN THEIR MODERN STRUCUTURE, CONVERGE.
STUDY COURSE:
JURISPRUDENCE
ACTIVITY TYPE
LESSON
DURATION (H)
81
ATTENDANCE
FREE
EDUCATIONAL ACTIVITY TYPE
CHARACTERIZING
DISCIPLINE SCIENTIFIC SECTOR
COMPARATIVE PRIVATE PUBLIC LAW
UFC (UNIVERSITY FORMATIVE CREDIT)
9
PARTITIONING
LAST NAME INITIALS A-L

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