Unit COMPARATIVE LEGAL SYSTEMS
- Course
- Law
- Study-unit Code
- A000039
- Location
- PERUGIA
- Curriculum
- In all curricula
- Teacher
- Giovanni Marini
- Teachers
-
- Giovanni Marini
- Hours
- 44 ore - Giovanni Marini
- CFU
- 9
- Course Regulation
- Coorte 2018
- Offered
- 2020/21
- Learning activities
- Caratterizzante
- Area
- Comparatistico
- Academic discipline
- IUS/02
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course aims to offer students, in the first place, the indispensable 'technical' detailed information on doctrinal styles, operating rules, arguments and conceptual schemes in the main experiences of Western and non-Western legal tradition; secondly, it aims to offer a vision of the transnational and dynamic nature of most legal discourses.
- Reference texts
- Reference texts in English (foreign students):
P. GLENN, Legal Traditions of the World. Sustainable diversity in Law, Oxford University Press, 2014 (or any newer edition)
In addition, all the materials and readings which, together with the jurisprudential cases, will be uploaded as teaching materials on the UNISTUDIUM website of the course will in any case be an integral part of the program. - Educational objectives
- The course aims, based on the most recent methodological acquisitions of comparative analysis, to develop:
- the ability to orient oneself in multilevel systems, that is, characterized by the pluralism of orders, rules and interpretations;
- critical knowledge of the various taxonomies of private law in order to evaluate their historical relativity and the objectives that have been reached in other systems with their use;
- the way in which similarities and differences have been outlined and what the strategies and ideological projects of such legal discourses can be. - Teaching methods
- frontal classes, tests and seminars
- Other information
- Attendance is optional, but strongly recommended
- Learning verification modality
- The final exam consists of an oral examination in order to assess, together with their knowledge of the legal data, the logical-legal ability and appropriateness of the legal language. The duration of the examination varies according to the performance of the query.
- Extended program
- The course will deepen the process by which legal traditions require, by combining and recombining their constituent elements and my foundations, how they adapt and maintain the distinction and employ strategic law to define the relationship with other cultures.
The main features of the different legal traditions will be analyzed: tradition of civil law versus tradition of common law, common laws, western law and "other traditions (Islamic law, Chinese law, Japanese law, Indian law).
The course aims to overcome the objectives of the classic comparison, i.e. the comparison between individual systems in search of similarities and differences, to deal with the processes of construction and reconstruction of legal traditions through narrative on origins (genealogy) and the way in which their constituent elements "travel" from one tradition to another, changing meaning and scope during the journey.
The course is structured according to an interdisciplinary approach that presents the law in relation to other social and human sciences. During the lessons, significant cases and materials will be presented, analyzed and discussed in order to facilitate the discussion of the various aspects of the construction of legal traditions, both between teacher and students, and among students themselves.
The lessons will focus in particular on the theme of legal globalization. The contribution of comparison to the understanding of legal globalization. The "transnational" dimension of law. The different generations of comparators and their method. The genealogy of the comparison. The course will present the tools of classical and postmodern comparison and its analysis units: (1) Families, systems and legal traditions; formants, operational rules and crypotypes and (2) genealogy, archeology, devices, canons and styles.
In a second phase, the use of comparison will be investigated as a tool for the geopolitics of law. This will explore the different representations of space elaborated within the individual legal traditions, the construction of identities and differences through comparison. The "invention" of legal traditions. The definition of the concepts and styles of legal systems. Search for common rules and cultural specificities in comparison, the example of the Law and Development movement. Colonialism and comparison. Post-colonial studies and comparative law.
A third phase will compare the "normativity" achieved through law and other forms of "normativity" and their possible intersections. This part of the course will highlight some of the epistemological differences between law and other human sciences, in particular those sciences that deal with bringing to light the complex relationships that come to be established between individuals and knowledge and between them and culture, historical and current intertwining with other forms of normativity, the way in which all the other human sciences elaborate their own founding rules, their canons and their styles. And finally of the way in which the law can constitute a catalyst element of different normative practices and knowledge with which it can come into contact and generate conflict, competition and harmony.