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- Oggetto:
COMPARATIVE LAW IN A GLOBAL CONTEXT
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Comparative Law in a Global Context
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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
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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
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- 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
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- 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
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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.
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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).
The course will start on 14 November 2022.
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