Unit Major world legal systems
- Course
- International relations
- Study-unit Code
- A001449
- Curriculum
- Migration, globalisation and world governance
- Teacher
- Lyda Favali
- Teachers
-
- Lyda Favali
- Hours
- 34 ore - Lyda Favali
- CFU
- 6
- Course Regulation
- Coorte 2020
- Offered
- 2020/21
- Learning activities
- Affine/integrativa
- Area
- Attività formative affini o integrative
- Academic discipline
- IUS/02
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- English
- Contents
- This course is an introduction to Comparative Law and to the comparative legal method. The course explores the main world legal traditions, with emphasis on the distinction between Civil Law and Common Law (and the limitations of this distinction). This course also offers an introduction to the other major world legal traditions, such as that of Post-Socialist Law (bringing together all the countries which were part of the USSR and/or adopted socialism at the political level); Islamic Law and the law of Islamic Countries; African Law and systems based on traditional law.
Each legal system is analyzed in its historical development and current state, by legal borrowing from other systems, and phenomena of convergence and divergence fostered by globalization processes. The course further aims at comparing legal solutions adopted by various countries on a regional and transnational level. - Reference texts
- Michael Bogdan, Concise Introduction to Comparative Law, Europa Law Publishing, 2012
- Educational objectives
- This course has three goals. First, it exposes students with a broad overview of the major legal traditions of the world and of their main features. Second, this course aims to provide students with the tools to carry out an efficient comparison between different legal systems. Third, this course explores the impact of recent developments (including global and regional integration) upon the major legal families.
- Prerequisites
- Knowledge of English at least at an intermediate level
- Teaching methods
- Frontal teaching
- Other information
- Meaningful classroom participation is strongly encouraged. Please do the reading and be prepared to participate in the classroom discussions. I will be available after each class to discuss any questions and concerns. You can also send me an email or reach me by phone to make an appointment.
- Learning verification modality
- Oral examination based on the topics discussed in class
- Extended program
- Introduction to comparative law:
- main legal traditions and legal families: how to draw the boundaries between legal families
- goals and methods of comparative law
- legal pluralism as a preferred learning method
The civil law tradition:
- historical formation of the system
- legal taxonomy, main sources, and main legal actors
- the codification of private law in the XIX and XX centuries
- distribution and evolution of the civil law family
The common law tradition in England:
- historical formation of the system
- Structure of the law, main sources, and main legal actors
The common law in the United States:
- main differences with the UK and main legal actors
- the Federal Constitution and the court structure
- the theory of precedent in England and the US
Distribution and evolution of the common law family
Convergence and divergence of common law and civil law: is there a western legal tradition?
The post-socialist tradition:
- historical formation of the socialist family
- structure of the law, main sources, and main legal actors
- the evolution of socialist law in the late XX century
- current distribution of the post-socialist family and the impact of civil law and common law models
The Islamic law tradition:
- historical formation of the system
- structure of the law, main sources, and main legal actors
- distribution and evolution of Islamic Law: the law of Islamic countries, modernization and the impact of civil law and common law models
African law and traditional law systems
- what is traditional law and to what extent it is still relevant today
- main features of traditional law and its actors
- the spread of Islam in Africa and its legal relevance
- present day African law and the impact of civil law and common law upon tradition and religious law