COMPARATIVE LAW IN A GLOBAL CONTEXT
Comparative Law in a Global Context
Anno accademico 2022/2023
- Codice attività didattica
- Prof. Domenico Francavilla (Titolare dell'insegnamento)
- Corso di studio
- Master's Degree Course in Area and global studies for international cooperation
- 1° anno
- Secondo semestre
- SSD attività didattica
- IUS/02 - diritto privato comparato
- Tipologia esame
- Tipologia unità didattica
- Insegnamento integrato
- INTERNATIONAL AND COMPARATIVE LAW: GLOBAL PERSPECTIVES (CPS0373)
- 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, 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.
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.
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
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
Modalità di insegnamento
The course will be delivered face-to-face at the Campus Luigi Einaudi.
Additionally, if possible according to new general rules, classes will be live-streamed on Webex (https://unito.webex.com/meet/domenico.francavilla), recorded and made available on Moodle.
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.
Modalità di verifica dell'apprendimento
For students regularly taking part in the course:
1) Group work participation (students will be assessed on active participation in class and in a breakout group exercise that will be organized towards the end of the course) = 25
2) Research paper (2.500 to 3.000 words) = 75%
The final deadline to submit a research paper and to be evaluated as an attending student will be the 30th of June 2022. No research paper will be accepted after the 30th of June 2022. 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 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:
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 entire study programme.
2) Research paper - Students passing the test with at least a grade of 20, 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).
Attività di supporto
Tutoring on basic legal concepts.
Testi consigliati e bibliografia
- Comparative Law in a Global Context: the Legal Systems of Asia and Africa, 2nd Edition
- Anno pubblicazione:
- Cambridge University Press
- W. Menski
- 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]
- Diffusion of Law: A Global Perspective
- Titolo rivista:
- Journal of Legal Pluralism
- Anno pubblicazione:
- W. Twining
- 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:
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.
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 8 November 2021.