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Comparative Law in a Global Context
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Comparative Law in a Global Context
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Anno accademico 2020/2021
- Codice dell'attività didattica
- CPS0373A
- Docente
- Prof. Domenico Francavilla (Titolare dell'insegnamento)
- Insegnamento integrato
- Corso di studi
- Master's Degree Course in Area and global studies for international cooperation
- Anno
- 1° anno
- Periodo didattico
- Primo semestre
- Tipologia
- Caratterizzante
- Crediti/Valenza
- 3
- SSD dell'attività didattica
- IUS/02 - diritto privato comparato
- Modalità di erogazione
- A distanza
- Lingua di insegnamento
- Inglese
- Modalità di frequenza
- Facoltativa
- Tipologia d'esame
- Scritto
- Prerequisiti
- For a better understanding of the key concepts dealt with in the course, it is suggested to read the following chapters in the Oxford Handbook of Comparative Law, edited by Mathias Reimann and Reinhard Zimmermann, Oxford University Press, Oxford, 2012:
- "Comparative Legal Families and Comparative Legal Traditions" by H. Patrick Glenn
- "Comparative Law as the Study of Transplants and Receptions" by Michele Graziadei. - Oggetto:
Sommario insegnamento
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Obiettivi formativi
The course contributes to the realization of the study curriculum by enabling students to understand the impact of the legal dimension of current global issues on international cooperation and the interaction of different kinds of rules at different levels in order to provide them with basic skills to be applied in different contexts and for different purposes. The course will also serve as a short introduction to main features of the legal systems in Africa, Asia and America, which will be analysed in the second year.
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Risultati dell'apprendimento attesi
Students should achieve a good knowledge, critical understanding and ability to deal with:
- the interaction of different kinds of law at the global and local level
- the main features of contemporary legal systems and the dynamics of legal transplants
- legal diversity
- factors to be taken into account in order to analyse law in context
- basic issues and perspectives regarding the protection of fundamental rights
- basic issues and perspectives regarding the role of law in development
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Modalità di insegnamento
The course consists partly of classes and partly of online course-related materials. Classes will be live-streamed. recorded and made available on Moodle. The course will also include recorded video-lectures, texts and documentaries, activities on materials, which will be made available on the Moodle platform. Interactive meetings could be organised involving all students, small groups or individual students.The meetings will be held on Webex and, where possible, at the Campus.
All students have to enrol in the course (see the option at the bottom of this page) in order to receive email communications about the course. Students are also advised to enrol in the course on the Moodle platform (link at the bottom of this page) in order to have full access to materials and further information about the course.
The first lecture will take place on the 11th of November 2020 at 12:00 (Rome time) on the Webex platform. Please connect to my Webex room at the following address:
https://unito.webex.com/meet/domenico.francavilla
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Modalità di verifica dell'apprendimento
For students regularly taking part in the course:
- Participation in group or individual activities organised during the course = 20%
- Research paper (2.500 to 3.000 words) = 80%
The research paper has to be submitted at least one week before the date of the exam in which the grade will be officially registered. The final deadline to submit a research paper and to be evaluated as an attending student will be the 30th of June 2021. No research paper will be accepted after the 30th of June 2021.
The research paper should focus on one of the topics dealt with in the course. Further information on specific topics, bibliographical research, plagiarism and other issues will be made available on Moodle.
Grades will be expressed in /30 taking into account both participation in the course activities and the paper. The assessment will focus particularly on the extent and accuracy of knowledge of the subject, quality of legal reasoning, ability to deal with the issue in a coherent way, critical and personal approach.
For students not regularly taking part in the course:
Written exam with open questions (1 questions out of the 2 proposed) or, in case of another pandemic outbreak, oral exam on the Webex platform.
Update: considering the current situation, in January-February 2021 non attending students will be evaluated on the basis of an oral exam that will take place on Webex. All students should sign up for taking the exam on a specific date (appello) in the usual way and they will receive a communication with details in order to take part in the online exam.
Grades will be expressed in /30. The assessment will focus particularly on the extent and accuracy of knowledge of the subject, quality of legal reasoning, ability to deal with the issue in a coherent way, critical and personal approach.
For all AGIC students, the grade of the course in Comparative Law in a Global Context is worth 1/3 of the overall grade of the exam of International and Comparative Law: Global Perspectives and is combined with the grade of the course in International Economic Law (2/3).
EXAM MODALITIES DURING THE COVID-19 OUTBREAK for students enrolled in A.Y. 2019-2020 and 2018-2019:
Considering the current situation, in January-February 2021 non attending students will be evaluated on the basis of an oral exam that will take place on Webex. All students should sign up for taking the exam on a specific date (appello) in the usual way and they will receive a communication with details in order to take part in the online exam.
For other information, please make reference to the following page:
https://www.didattica-cps.unito.it/do/storicocorsi.pl/Show?_id=0mj9_1920
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Attività di supporto
Tutoring on basic legal concepts.
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Programma
The course will focus on the interaction between different legal orders at the international, national and local level, by analysing the following topics:
- Methodological issues of comparative law
- Legal families and legal transplants
- Theories of legal pluralism
- State, Society, Religion/Philosophies in the making of law
- Protection of fundamental rights: global and local perspectives
- Law and development: global and local perspectives
Testi consigliati e bibliografia
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For students regularly taking part in the course:
a) Menski, Werner F., Comparative Law in a Global Contex: the Legal Systems of Asia and Africa, 2nd edition, Cambridge University Press, Cambridge, 2006. Only Part I, pp. 25-128 and pp. 173-190.
[the book is also available online through library services; for details see the document on Moodle]
b) course materials
For students not regularly taking part in the course:
a) Menski, Werner F., Comparative Law in a Global Contex: the Legal Systems of Asia and Africa, 2nd edition, Cambridge University Press, Cambridge, 2006. Only Part I, pp. 25-128 and pp. 173-190.
[the book is also available online through library services; for details see the document on Moodle]
b) Twining, William (2004) "Diffusion of Law: A Global Perspective", Journal of Legal Pluralism, vol. 49, pp. 1-45. Available at:
https://commission-on-legal-pluralism.com/volumes/49/twining-art.pdf
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Note
Attendance is not compulsory but strongly recommended. Materials of the course and other resources are available on Moodle (link at the bottom of this page)
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