0055010 - COMPARATIVE LEGAL SYSTEMS

Italian

Italian

Italian

The course aims at offering to the students an introduction to legal comparison, to the role of comparative law in the education of lawyers that intended to operate in a global context. In particular, the students will be exposed to the historical evolution and the main features of the civil law and common law tradition.

The course aims at offering to the students an introduction to legal comparison, to the role of comparative law in the education of lawyers that intended to operate in a global context. In particular, the students will be exposed to the historical evolution and the main features of the civil law and common law tradition.

The course aims at offering to the students an introduction to legal comparison, mainly through the study of differences and similarities between civil law and common law, as well as of their implications in the role of law in the governance of society and the protection of individual freedoms.

V. Varano e V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 5° ed., 2014. For the students of laurea Magistrale in Giurisprudenza chapters I-II-III-IV-V; for students of Scienze dei Servizi Giuridici chapters I-II-III-IV.

V. Varano e V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 5° ed., 2014, chapters I-II-III-IV-V

For the first part of the course: V. Varano and V. Barsotti, La tradizione giuridica occidentale. Testo e materiali per un confronto civil law common law, Giappichelli, Torino, 5th ed., 2014, pp. 1-492 (chapters I-IV), for the second part: E.Innocenti, E.Marchi, F.Mariani, G.Pailli, A.Simoni, S.Tosi Cambini, L’incivile convivenza. Accattonaggio e Stato di diritto, riflessioni ed esperienze, Firenze, SEID, 2014.

Knowledge
Introduction to the comparative method and its role in contemporary legal education. Analysis of the civil law and common law traditions, mainly through the sources of law.
Abilities
Skills in researching legislative materials, case law and doctrine in order to frame and solve legal problems through the comparative method.
Results to be obtained
Capacity to understand the differences and similarities characterizing the two western legal traditions. Awareness of the importance of culture in the shaping of the lagal traditions. Aquisition of familairity with different languages and legal concepts.

Knowledge Introduction to the comparative method and its role in contemporary legal education. Analysis of the civil law and common law traditions, mainly through the sources of law. Abilities Skills in researching legislative materials, case law and doctrine in order to frame and solve legal problems through the comparative method. Results to be obtained Capacity to understand the differences and similarities characterizing the two western legal traditions. Awareness of the importance of culture in the shaping of the lagal traditions. Aquisition of familairity with different languages and legal concepts.

Knowledge Introduction to the comparative method and its role in contemporary legal education. Analysis of the civil law and common law traditions, mainly through the sources of law. Abilities Skills in researching legislative materials, case law and doctrine in order to frame and solve legal problems through the comparative method. Results to be obtained Capacity to understand the differences and similarities characterizing the two western legal traditions. Awareness of the importance of culture in the shaping of the legal traditions. Familiarity with different languages and legal concepts.

Sudents must have passed the following exams: Private Law (Diritto privato I), Constitutional Law (Diritto costituzionale generale).

Sudents must have passed the following exams: Private Law (Diritto privato I), Constitutional Law (Diritto costituzionale generale).

Students must have passed the following exams: Private Law (Diritto privato I), Constitutional Law (Diritto costituzionale generale).

Students are strongly recommended to attend classes regularly.
The first part of the course will consist of 40 hours of lectures.
The second part will consist of 20 hours of seminars.

Students are strongly recommended to attend classes regularly. The first part of the course will consist of 40 hours of lectures. The second part will consist of 20 hours of seminars.

Students are strongly recommended to attend classes regularly. The first part of the course will consist of 40 hours of lectures. The second part will consist of 20 hours of seminars.

None

Oral exam

Oral exam

Oral exam. Students actively participating in seminars ail be entitled to study on the basis of a shorter program.

The first part of the course aims at offering to the students an introduction to legal comparison, to its nature and goals, to the role of comparative law in the education of lawyers intended to operate in a global context. In particular, through this course the students will be exposed to the historical evolution and the main features of the civil law and the common law tradition. In this connection, the analysis will touch upon some issues, which show how the two great Western legal traditions are gradually converging. Besides their formative period, the course will deal in some detail with such topics as legal education, the legal professions, courts and procedure, constitutions and judicial review of legislation, the role of legislation, case law and doctrine as sources of law. Reference will also be made to the making of a European law.
The second part of the course will be devoted to the study of how the Western Legal Tradition has impacted on other legal families such as India, China, Japan, Latin America, Islamic Countries.

The first part of the course aims at offering to the students an introduction to legal comparison, to its nature and goals, to the role of comparative law in the education of lawyers intended to operate in a global context. In particular, through this course the students will be exposed to the historical evolution and the main features of the civil law and the common law tradition. In this connection, the analysis will touch upon some issues, which show how the two great Western legal traditions are gradually converging. Besides their formative period, the course will deal in some detail with such topics as legal education, the legal professions, courts and procedure, constitutions and judicial review of legislation, the role of legislation, case law and doctrine as sources of law. Reference will also be made to the making of a European law. The second part of the course will be devoted to the study of how the Western Legal Tradition has impacted on other legal families such as India, China, Japan, Latin America, Islamic Countries.

The first part of the course aims at offering to the students an introduction to legal comparison, to its nature and goals, to the role of comparative law in the education of lawyers intended to operate in a global context. In particular, through this course the students will be exposed to the historical evolution and the main features of the civil law and the common law tradition. In this connection, the analysis will touch upon some issues, which show how the two great Western legal traditions are gradually converging. Besides their formative period, the course will deal in some detail with such topics as legal education, the legal professions, courts and procedure, constitutions and judicial review of legislation, the role of legislation, case law and doctrine as sources of law. Reference will also be made to the making of a European law. The second part of the course will be devoted to the analysis of how different legal systems deal with a specific social problem. The problem analyzed will be the regulation of begging and the protection of the fundamental rights of urban marginals.