Giurisprudenza | Comparative Legals Systems
Giurisprudenza Comparative Legals Systems
cod. 0160100091
COMPARATIVE LEGALS SYSTEMS
| 0160100091 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| EQF7 | |
| LAW | |
| 2020/2021 |
| OBBLIGATORIO | |
| YEAR OF COURSE 2 | |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| PRIMO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/02 | 9 | 81 | LESSONS |
| Objectives | |
|---|---|
| A TRAINING APPROACH BASED ON A DOGMATIC AS WELL AS CASE-LAW METOD IS USED, IN ORDER TO SHOW CONVERGENCES AND CONTRASTS AMONGST DIFFERENT LEGAL SYSTEMS. 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. EXPECTED LEARNING OUTCOMES: 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. |
| Prerequisites | |
|---|---|
| IT’S RECOMMENDED GOOD KNOWLEDGE, IN ORAL AND WRITTEN FORMS, OF ONE OF THE EU LANGUAGES, AND RELATED LEGAL TERMINOLOGY. |
| Contents | |
|---|---|
| THE TYPE OF TEACHING IS TWOFOLD: THE FIRST ONE IS DEDICATED AT SHOWING THE COMPLEXITY OF LEGAL SYSTEMS THROUGH THE STUDY OF COMPARATIVE METHODOLOGY, SYSTEMOLOGY, THE DIFFERENT CLASSIFICATION OF LEGAL SYSTEMS IN FAMILIES, AS WELL AS THE MAIN EUROPEAN LEGAL SYSTEMS. THE OBIECTIVE IS VERIFY IF AND HOW MODELS’ CIRCULATION HAS CONTRIBUTED TO CURRENT APPROXIMATION OF FAMILIES. THEORETICAL APPROACH TO GATHER SKILLS IS JOINED TO THE STUDY AND ANALYSIS OF SPECIFIC PRIVATE LAW INSTITUTES IN THE DIFFERENT LEGAL SYSTEMS. CONTENTS: - THE TRANSFORMATION OF THE LEGAL SYSTEMS: CAUSES AND METHODS; - THE NATURE OF COMPARATIVE LAW AND ITS EVOLUTION; - THE LEGAL FAMILIES; - THE CIVIL LAW TRADITION; - THE AGE OF CODIFICATIONS; - THE SOURCES OF LAW; - COURTS IN CIVIL LAW TRADITION; - COMMON LAW TRADITION; - USA AND THE COMMON LAW; - THE CASEBOOK AS A TEACHING TOOL OF COMPARATIVE LAW; - LEGAL TRADITION OF NORDIC COUNTRIES. |
| Teaching Methods | |
|---|---|
| ORGANIZATION OF THE LECTURES: 81 HOURS OF FRONTAL LECTURES AND PRACTICES; IT TAKE PLACE IN THE FIRST SEMESTER OF THE SECOND YEAR. THE LECTURE IS MOSTLY 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 CONTENTS THAN TO QUANTITY OF CONCEPTS. THE COURSE WILL BE INTEGRATED BY WORKSHOP IN ORDER TO ALLOW STUDENTS TO APPLY WHAT THEY HAVE LEARNED. |
| Verification of learning | |
|---|---|
| FINAL ORAL EXAM WITH A MAX-RATING OF THIRTY, WITH GREAT ATTENTION ON THE ACTIVE STUDENT'S PARTECIPATION TO THE LECTURE AND TO THE TEACHING MATERIALS STUDIED. EXAMINATION IS DIVIDED IN TWO PHASES. IN THE FIRST ONE THE STUDENT MUST DEMONSTRATE KNOWLEDGE OF THE FUNDAMENTAL NOTIONS OF LEGAL SYSTEMS, IN PARTICULAR THE NATURE OF THE DISTINCTION BETWEEN CIVIL AND COMMON LAW AND THE DEVELOPMENT OF OTHER LEGAL SYSTEMS. IN THE SECOND ONE, 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 OR EQUAL TO 18/30. THE MINIMUM LEVEL OF EVALUATION (18/30) IS ASSIGNED WHEN THE STUDENT HAS A PIECEMEAL KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A LIMITED ABILITY TO LINK LEGISLATIVE REFERENCES TO THE CONTEXT OF STUDY. THE MAXIMUM LEVEL (30/30) 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, AMONGST LEGAL CONCEPTS, THOSE WHO ARE OF RELEVANCE; D) DEVELOPEMENT OF A LEGAL WAY OF REASONING, ABLE TO SHOW INDUCTIVE AND DEDUCTIVE INFERENCES. |
| Texts | |
|---|---|
| GAMBARO-SACCO, SISTEMI GIURIDICI COMPARATI, TORINO, UTET, LATEST EDITION (UP TO EXCLUDED SOCIALIST COUNTRIES). OR VARANO - BARSOTTI, LA TRADIZIONE GIURIDICA OCCIDENTALE, VOL. I, LATEST EDITION, GIAPPICHELLI, TORINO (APPENDICES OF EACH CHAPTER ARE FOR READING ONLY). F. GALGANO, ATLANTE DIRITTO PRIVATO COMPARATO, ZANICHELLI, BOLOGNA (LATEST EDITION). |
| More Information | |
|---|---|
| LANGUAGE: ITALIAN THE COURSE IS DESIGNED FOR STUDENTS WHO ATTEND REGULARLY. NON-ATTENDING STUDENTS WILL HAVE TO SIT AN ORAL EXAM BASED ON THE INSTRUCTIONS CONTAINED IN THE READING LIST, WITH ADDITIONAL EXPLANATIONS OF THE TEACHER. OUT OF COURSE STUDENTS, ENROLLED IN OLD DEGREE COURSES AND WORKING STUDENTS CAN ARRANGE A DIFFERENT PROGRAM WITH THE TEACHER DURING STUDENTS RECEPTION HOURS, AS ADVERTISED, OR DIRECTLY TO THE MAIL GPIGNATARO@UNISA.IT. IT’S ADVISABLE TO MONITOR THE DEPARTMENT’S WEBSITE AND THE TEACHER’S PERSONAL PAGE, ACCESSIBLE BY UNIVERSITY ADDRESS BOOK. |
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