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Oggetto:
Oggetto:

COMPARATIVE LAW IN A GLOBAL CONTEXT

Oggetto:

Comparative Law in a Global Context

Oggetto:

Anno accademico 2022/2023

Codice dell'attività didattica
CPS0373A
Docente
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
Affine/Integrativa
Crediti/Valenza
3
SSD dell'attività didattica
IUS/02 - diritto privato comparato
Modalità di erogazione
Tradizionale
Lingua di insegnamento
Inglese
Modalità di frequenza
Facoltativa
Tipologia d'esame
Scritto
Prerequisiti
No previous knowledge is required. 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, 2nd Edition, edited by Mathias Reimann and Reinhard Zimmermann, Oxford University Press, Oxford, 2019:
- "Comparative Legal Families and Comparative Legal Traditions" by H. Patrick Glenn
- "Comparative Law, 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

 

Oggetto:

Modalità di insegnamento

Lectures with the support of powerpoint presentations and, on some topics, of short videos. Discussion of specific cases. The course will be delivered face-to-face at the Campus Luigi Einaudi.

Students are  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. 

 

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Modalità di verifica dell'apprendimento

 

For students regularly taking part in the course:

1) Reaction paper (800 to 1.000 words)

2) Research paper (2.500 to 3.000 words)

To qualify as an attending student it is necessary to submit the reaction paper at any time during the course and in no case after the 15th of December 2022. Students who submitted the reaction paper by the deadline can submit the research paper from the 16th of December to the 30th of June 2023 (final deadline). Students who cannot submit the papers by the above deadlines will take the exam as non-attending students. Please note that 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 reaction paper is meant to be a personal response to one among selected topics/materials dealt with during the course, which will be indicated on moodle. The reaction paper does not require further research or a formal bibliography. Reaction papers are necessary to qualify as attending students. They are graded on a simplified scale: reaction papers that are inadequate will not be accepted and in this case students can deliver a second reaction paper; approved (good/very good) reaction papers will qualify students as attending students (with no additional points). Students who will deliver outstanding reaction papers will receive an additional point that will be added to the grade of the research paper.

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. The assessment  of the research paper will  focus particularly on the capacity to use concepts studied during the course, to deal with the topic in a coherent and effective way, and to analyse the issues in a critical and personal way.

The final grade will be the grade of the research paper (plus one point, in case of outstanding reaction papers).

 

For students not regularly taking part in the course:

1) Written test - Students will be first required to answer a test on the Moodle platform with multiple choice and true/false questions on the texts indicated in the bibliography below. 

2) Research paper - Students passing the test with at least a grade of 18, will be allowed to propose a research topic for their final paper, to be written following the instruction provided above in the section for attending students.

The final grade will be calculated in this way: 50% test + 50% research paper.

 

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).

 

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Attività di supporto

Individual or group meetings for tutoring on basic legal concepts. In order to arrange a meeting students should write to domenico.francavilla@unito.it

 

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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



Oggetto:
Libro
Titolo:  
Comparative Law in a Global Context: the Legal Systems of Asia and Africa, 2nd Edition
Anno pubblicazione:  
2006
Editore:  
Cambridge University Press
Autore:  
W. Menski
ISBN  
Note testo:  
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]
Obbligatorio:  
Si


Oggetto:
Articolo
Titolo:  
Diffusion of Law: A Global Perspective
Titolo rivista:  
Journal of Legal Pluralism
Anno pubblicazione:  
2004
Autore:  
W. Twining
Volume:  
49
Note testo:  
Testo per non frequentanti. The article is also available on Heinonline, which can be accessed through Library services: https://www.bibliotecabobbio.unito.it/en/resources/databases/law - see also https://www.bibliotecabobbio.unito.it/en/services/remote-access-electronic-resources
Pagina iniziale, finale:  
1-45
Obbligatorio:  
Si
Oggetto:

Other useful texts and documents will be available on Moodle

Students are responsible for bibliography of final papers and no help in finding bibliographic sources or other information will be provided. General information/suggestion about bibliographic research will be available on Moodle.



Oggetto:

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).

 

The course will start on 14 November 2022.

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