Comparative legal systems
- A.A. 2017/2018
- CFU 9
- Ore 45
- Classe di laurea LMG/01
It is suggestable to attend and pass the examination of Private Law.
The unit will study the civil law and common law legal traditions, their historical
evolution and their principal features. The aim of the course, considering the goals of
the course in law (LMG/01), is to introduce students to the complexity of legal
phenomenon, that is universal and contextual at the same time, through the use of
legal comparison. In this perspective, the attended result by the students is the
undestanding of different meanings of common law (such as common law as Anglo-
American legal tradition, common law as English law, common law as system of
justice, common law as system of sources of law) and civil law (such as civil law as
written law, as jus commune, as code law) and their dependence on the context.
The course will cover the following subjects:
comparative law (origins and methods);
the western legal tradition (general introduction);
common law as a tradition of law
English legal tradition (history, common law and equity, rule of law, judicial system,
sources of law);
meanings of civil law and in particular civil law as code law.
Materials and texts will be suggested during classes.
The lectures will be divided in six different sections, according to the subjects
mentioned above (see programme of the course). Each section will be divided into
two parts: in the first part of the section the issue will be introduced by the teacher,
using a power point presentation. At the same time the teacher will suggest two
readings to students. In the second part of the section there will be a debate in class
about the readings suggested, during which the students will be asked to comment
ad give their opinions about the readings, considering the issue investigated in class.