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 2019
- Offered
- 2021/22
- 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
- ATTENDING STUDENTS
D. Kennedy, Three Globalizations of Law and Legal Thought in The New Law and
Economic Development. A Critical Appraisal, David Trubek and Alvaro Santos, eds., (Cambridge,
2006), available online
http://duncankennedy.net/documents/Photo%20articles/Three%20Globalizations%20of%20Law%2
0and% 20Legal% 20Thought.pdf
¿ DAVID KENNEDY, The Methods and the Politics of Comparative Law, The Common
Core of European Private Law: Essays on the Project, (edited by) Mauro Bussani and Ugo
Mattei, Kluwer Law International, 131-207 (2003) and in Comparative Legal Studies:
Traditions and Transitions, (edited by) Pierre Legrand and Roderick Munday, 345-433
(Cambridge University Press 2003), available online
http://www.law.harvard.edu/faculty/dkennedy/publications/DKennedy_TheMethodsandThe - 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
- ATTENDING STUDENTS
The final exam consists of either an oral exam or a written essay that explores one of the topics touched upon during the lessons. - Extended program
- The objective of the course is the study of those general elements, explicit and implicit, which are
included within the various legal traditions (legal mentality, social organizations and
economic, conceptual structures, relevant classifications, argumentative techniques,
representations of identities), of their diffusion on a global scale, of the modalities of theirs
circulation and their effects with respect to individuals and groups in different geographical areas.
The course therefore aims to analyze the institutional and cultural structures that characterize the different ones
legal traditions and condition their legal production, regardless of capacity
of the individual actors.
The course is structured according to a seminar and interdisciplinary approach in order to complement the
right the contribution of other social sciences and humanities. During the lessons will be presented,
analyzed and discussed, together with the students, the multiple tools with which the law has been
used within the different legal traditions in order to facilitate the approach or
the removal of different legal experiences.
The lessons will focus on the theme of legal globalization and the phenomenon of diffusion
transnational law and legal thought. Finally the course will highlight some of the
epistemological differences between law and the other human sciences, historical and current intertwining with
other forms of normativity, the way in which all other human sciences elaborate their own
regulatory process, its own rules and styles. And finally of the way in which the law can
constitute a catalyst element of different regulatory practices and knowledge with which it can
come into contact and generate conflict, competition and harmony.