ID:
GIU0580
Duration (hours):
36
CFU:
6
SSD:
DIRITTO PRIVATO COMPARATO
Year:
2025
Overview
Date/time interval
Secondo Semestre (19/02/2024 - 31/05/2024)
Syllabus
Course Objectives
The course is part of the initiatives of the UNESCO Chair: "Gender Equality and Women's Rights in the Multicultural Society" and aims to provide students with an introduction to the role of women in the family and society through the tools of legal anthropology and comparative law in order to better understand the role of law in today's multicultural society.
The leitmotif is the analysis of gender equality and difference within the family and in different social and regulatory spheres. With this in mind, the course aims to provide students with a reference framework regarding the major issues of equality, difference and discrimination, both from a cultural and a legal point of view, with particular reference to women and gender.
After having identified the phenomena that have led to the cultural construction of gender differences from an anthropological point of view, the course aims to provide students with the cultural background to understand what the role of law has been in consolidating these differences over the course of the various historical eras, so what its role in removing them may be today.
On the basis of this approach, the course aims to provide the evolutionary framework of family law in Italy and other European countries, including France and England, and non-European countries, including the United States, China and India, taking into account the role of women and the new familiy models recognised in the course of time
The leitmotif is the analysis of gender equality and difference within the family and in different social and regulatory spheres. With this in mind, the course aims to provide students with a reference framework regarding the major issues of equality, difference and discrimination, both from a cultural and a legal point of view, with particular reference to women and gender.
After having identified the phenomena that have led to the cultural construction of gender differences from an anthropological point of view, the course aims to provide students with the cultural background to understand what the role of law has been in consolidating these differences over the course of the various historical eras, so what its role in removing them may be today.
On the basis of this approach, the course aims to provide the evolutionary framework of family law in Italy and other European countries, including France and England, and non-European countries, including the United States, China and India, taking into account the role of women and the new familiy models recognised in the course of time
Course Prerequisites
A good knowledge of the fundamental institutes of private and public law is required to attend the course.
Teaching Methods
The course is based on lectures, in which documentaries and films will also be taken into consideration to highlight the realities present in other regulatory contexts. the teaching material consists of slides (power point) that will be made available to students on e-learning
Assessment Methods
The examination is oral.
For non-attending students, specific readings will be made available.
For law students only, a textbook on the discipline of the family in today's world will be made available
For non-attending students, specific readings will be made available.
For law students only, a textbook on the discipline of the family in today's world will be made available
Contents
In the first part, the course offers the student an introduction to legal anthropology, as a discipline aimed at studying the role of law (norms, practices, symbologies, facts with legal characteristics) in antiquity, as well as in distant populations characterised by an oral culture and 'simple' social organisation.
The tools of legal anthropology will in particular be applied to the study of the phenomena that led to the division of roles between men and women. Different family forms will be analysed. Certain practices, such as genital mutilation, will be studied from an anthropological perspective, highlighting their relevance today in certain cultural contexts and the reactions of law in certain legal systems.
In a second part, the study of the family and gender difference will then be addressed from a comparative perspective, with regard to the evolution of women's rights in different European contexts (Italy, France, Great Britain), as well as in some other non-European legal systems of reference. In particular, the legal system of the United States will be analysed, where the presence of specific problems regarding race and gender have generated interesting theories regarding the so-called 'intersectionality', a term used to describe the overlapping (or 'intersection') of different social identities and the relative possible particular discriminations. The study of the US legal system will be tackled together with Prof. Tanya Hernandez, visiting professor at Fordham University in New York. With regard to Asian legal systems, the legal systems of China and India will be examined.
Finally, the student will be introduced to the different family models present today, in which norms, institutions and traditions circulate with migration flows and in which international law develops forms of protection for women at supranational level in the family and society.
The tools of legal anthropology will in particular be applied to the study of the phenomena that led to the division of roles between men and women. Different family forms will be analysed. Certain practices, such as genital mutilation, will be studied from an anthropological perspective, highlighting their relevance today in certain cultural contexts and the reactions of law in certain legal systems.
In a second part, the study of the family and gender difference will then be addressed from a comparative perspective, with regard to the evolution of women's rights in different European contexts (Italy, France, Great Britain), as well as in some other non-European legal systems of reference. In particular, the legal system of the United States will be analysed, where the presence of specific problems regarding race and gender have generated interesting theories regarding the so-called 'intersectionality', a term used to describe the overlapping (or 'intersection') of different social identities and the relative possible particular discriminations. The study of the US legal system will be tackled together with Prof. Tanya Hernandez, visiting professor at Fordham University in New York. With regard to Asian legal systems, the legal systems of China and India will be examined.
Finally, the student will be introduced to the different family models present today, in which norms, institutions and traditions circulate with migration flows and in which international law develops forms of protection for women at supranational level in the family and society.
Course Language
Italian
More information
As the course syllabus for law students is 8 credits, there will be a monographic part on current family law
Degrees
Degrees
SCIENZE DELLA MEDIAZIONE INTERLINGUISTICA E INTERCULTURALE
Bachelor’s Degree
3 years
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People
People
Docenti di ruolo di Ia fascia
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