The course aims to introduce students to the knowledge of the major legal systems, with particular regard to the dichotomy civil law - common law, through the acquisition of the basics of the method of comparative analysis. The experiences taken into consideration will be those most illustrative of both traditions, namely the English and the United States for common law systems, and the French, German and for civil law systems. The study of the different legal systems will be approached from a comparative-historical perspective, aimed at highlighting the interaction between the different formants of the of law - doctrine, case law and legislation - in the creation of the norms and the major classifications of private law, as well as the differences existing in the formation of the jurist and a particular mentality typical of common lawyers compared to that of civil lawyers. Particular attention will also be paid to the current structure of the sources of private law in the different legal systems taken into consideration and to the phenomenon of the circulation of legal models. Finally, the final part of the course will be devoted to the law of modern India, taking into account the traditional substratum and the circulation of the of common law.
Course Prerequisites
An appropriate knowledge of private law and constitutional law is required.
Teaching Methods
The course adopts an interdisciplinary approach to the subject, involving students 1. in the critical analysis of some famous jurisprudential cases, 2. in the reading of some important literary texts, which highlight the figure of the jurist and the importance of the written law in different regulatory contexts, 3. in the viewing of some documentaries representing different visions and conceptions of law.
Assessment Methods
The learning assessment consists of an oral examination, with a final grade in thirtieths, covering the entire course programme. Non-attending students are required to study the textbook indicated for the part concerning the syllabus and the recommended reading for the monographic part on India. the monographic part on India.
Contents
The course presents 1. an introduction to comparative law methodology and its instruments of investigation, as well as legal systemology 2. a course of study that explains the system of sources in common law as well as in civil law, through a historical reconstruction of the main stages in the evolution of these systems, in order to understand their current differences. 3. an insight into how legal transplants take place
Course Language
Italian
More information
The course dovetails with two other initiatives of the Department. 1. Summer school: Every year a Summer School in Comparative Law is organised with professors from various European universities in order to conduct a comparative analysis of particular topics, such as comparative environmental law. The Summer School is recognised 5 additional credits. 2. Law and cinema initiative: Each year there is also a film festival (1 Wednesday evening per month) on legal topics that are presented by a film critic, jurists, as well as other specialists in the field. Students who attend the film review and take a final interview on at least 5 films shown in class or during the film review will be awarded 3 credits.