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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 2019/2020
- 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
- Tipologia
- Caratterizzante
- 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
- 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 of:
- 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
- an understanding of legal diversity
- factors to be taken into account in order to analyse law in context
- critical issues regarding the protection of fundamental rights
- critical issues regarding the role of law in development
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Modalità di insegnamento
The course will be taught through frontal lectures as well as through interactive lectures. Reference documents will be distributed or projected in class to stimulate debate. Experts in specific fields will be invited as speakers.
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Modalità di verifica dell'apprendimento
For students regularly attending class:
- Class participation (students will be assessed on active participation in class and breakout groups) = 20%
- Research paper (2,500 to 3,000 words) = 80%
IMPORTANT update (Covid-19 emergency) for students regularly attending class in academic years 2019/20 and 2018/19:
- for students attending the course in the current academic year the deadline for submitting the paper is not 30th June 2020, as originally indicated, but 11th September 2020.
- students attending the course in 2018/19 can choose to be evaluated on the basis of a research paper or on the basis of an oral exam that will take place on Webex. In the first case, students should write to domenico.francavilla@unito.it in order to agree the topic of the paper. The deadline for submitting the paper is 11th September 2020. In the second case, 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.
- Course programme and texts/materials are unchanged for both academic years.
For students not regularly attending class:
Written exam with open questions (1 questions out of the 2 proposed).
Grade will be expressed in /30 taking into account extent and accuracy of knowledge of the subject, quality of legal reasoning, ability to deal with the proposed issue in a coherent way.
IMPORTANT update (Covid-19 emergency) for students not regularly attending class in academic years 2019/20 and 2018/19:
- students who did not attend the course in the current academic year or in 2018/19 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.
- Course programme and texts are unchanged for both academic years.
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
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 attending class:
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) class materials
For students not regularly attending class:
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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