It is suggestable to attend and pass the examination of Private Law.

By the end of the course the students will be asked to know the fundamental
features and legal styles of the common law and civil law legal traditions as well as
the historical evolution of the two traditions. 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. From this perspective, the attended result by the students is
the understanding of the 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 students will gain the legal competences to make macro-comparison in the
western legal tradition and the prerequisite to make micro-comparison.

The course will cover the following subjects:

1. comparative law (origins and methods);

2. the western legal tradition (general introduction);

3. common law as a tradition of law;

4. the development of English law (history, common law and equity, rule of law).

5. English legal system (sources of law, judicial system);

6. meanings of civil law and in particular civil law as code law.


Materials and texts will be suggested during classes.

• 1.  (A) Alisdair Gillespie The English Legal System (7th Edition) OUP, Oxford, 2019 » Pagine/Capitoli: selected chapters: 1, 2, 3, 5, 6, 8, 9, 10
• 2.  (A) John Henry Merryman and Rogelio Pérez-Perdomo The Civil Law Tradition, 4rd ed., An Introduction to the Legal Systems of Europe and Latin America Stanford University Press, -, 2019 » Pagine/Capitoli: 1-192, tutti i capitoli ad esclusione del capitoli 16-17-18

Program for attending students: materials and readings for the final examination will be suggested during classes and uploaded on the web-page of the teacher.

Program for non-attending students: selected chapters of the textbooks suggested

• 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
  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
  and give their opinions about the readings, considering the issue investigated in
  class.
  

• The examination will consist in a 15 minutes dialogue with the teacher about two
  different sections of the course. Students will be asked to show their knowledge of the content of the lectures and the readings suggested.
  In the case of a non-attending student, the examination will consist in a 15 minutes dialogue with the teacher about three different topics concerning respectively the method of comparative law, the common law tradition and the civil law tradition.
  All the students will be asked to give their opinion on some legal questions about the course program, and to sustain their opinion with legal arguments.

english classes

english