Virginia ZAMBRANO | INTERCULTURAL LAW
Virginia ZAMBRANO INTERCULTURAL LAW
cod. 1222500029
INTERCULTURAL LAW
| 1222500029 | |
| DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS | |
| EQF7 | |
| GLOBAL STUDIES AND EU | |
| 2021/2022 |
| OBBLIGATORIO | |
| YEAR OF COURSE 1 | |
| YEAR OF DIDACTIC SYSTEM 2018 | |
| AUTUMN SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/02 | 6 | 42 | LESSONS |
| Objectives | |
|---|---|
| THE COURSE IS AIMED TO GIVE STUDENTS THE CONCEPTUAL TOOLS TO VERIFY HOW THE SPACE IN WHICH PEOPLE'S LIVE ARE SHAPED BY THEIR CULTURE, AS WELL AS SHOWING THE DIFFERENT WAY IN WHICH INSTITUTIONS AND LEGAL STRUCTURES REACT TO DIVERSITY. THROUGH AN INTERCULTURAL LEGAL APPROACH WE INTEND TO CREATE THE CONDITIONS FOR A CROSS-CULTURAL COMMUNICATION IN ORDER TO INTEGRATE THE LAW IN THE DIFFERENT LIFE MODELS, AND CUSTOMARY BEHAVIOR. IN THIS WAY, THE AIM IS TO CREATE THE CONDITIONS FOR OVERCOMING THE COGNITIVE BARRIERS POSED BY THE CULTURAL LEGAL DIFFERENCES. TO INTERPRET CORRECTLY THE MEANINGS ARTICULATED BY PEOPLE FROM ABROAD - OR FROM DIFFERENT CULTURES - (BE THEY ENTREPRENEURS, WORKERS, SUBJECTS ACTING AS HEIRS, PARENTS, SPOUSES, CONTRACTUAL PARTIES, PARTNERS, ETC.) IT IS THE PREREQUISITE FOR ALSO IDENTIFYING WHICH LAW (AS SPECIFIC LEGAL RULE) NORMS, TO APPLY IN CASE OF A LEGAL DISPUTE. THE INTERNATIONAL-PRIVATE-LAW TOOLS AND THE JURIDICAL-COMPARATIVE ANALYSIS ARE INDISPENSABLE TO FACE AND ADEQUATELY RESPOND TO THESE NEW NEEDS. |
| Prerequisites | |
|---|---|
| TO PASS THE EXAMS IS HIGHLY RECOMMENDED THE KNOWLEDGE OF MODERN AND CONTEMPORARY HISTORY; GOOD KNOWLEDGE OF SOME BASIC QUESTIONS RAISED BY THE DIVERGENCES AMONG DIFFERENT LEGAL SYSTEMS; GOOD KNOWLEDGE, IN ORAL AND WRITTEN FORMS, OF ONE OF THE EU LANGUAGES,AND RELATED LEGAL TERMINOLOGY. |
| Contents | |
|---|---|
| INTERCULTURAL LAW WAS PROVISIONALLY DEFINED AS A TYPE OF LAW THAT MANAGES TO COHERE A DIVERSITY OF LEGALLY RELEVANT SOCIAL PRACTICESHEREBY REGULATING DIVERSITY WITHOUT ENFORCING RIGID UNITY, WHILE AT THESAME TIME AVOIDING A NORMATIVE CHAOS LEADING TO LEGAL UNCERTAINTY. THE QUESTION SEEMS TO BE WHETHER THE INTERCULTURAL LAW IS A RECENT INVENTION OR CAN BE CONSIDERED AS A COMMON PRACTICE OF INTERPRETATION. WHICH ARE THE EPISTEMOLOGICAL PRESUMPTIONS OF SUCH A CONCEPTION OF LAW? DO WE HAVE TO DISCARD THE CENTRAL TENET OF SOME POSTMODERN COMPARATIVISTS THAT PRO-CLAIM THE INCOMMENSURABILITY OF CULTURES? DO WE HAVE TO RELATIVISE WESTERN CONCEPTIONS OF POSITIVE LAW? TO WHAT DEGREE IS COORDINATION OF DIVERSITY SUS-TAINABLE? (HOW) COULD RELIGIOUSLY INSPIRED LAW LIKE THE SHARI’A BE ACCOMMO-DATED IN A CONSTITUTIONAL DEMOCRACY?THE COURSE ATTEMPTS TO ANSWER ALL THESE QUESTIONS. |
| Teaching Methods | |
|---|---|
| THE COURSE CONSISTS OF 40 H FRONTAL LESSONS SUPPLEMENTED BY SESSIONS DEDICATED TO THE DIALECTIC DISCUSSIONS ON PRACTICAL CASES. |
| Verification of learning | |
|---|---|
| THE FINAL EXAM IS ORAL AND IS AIMED TO ASCERTAIN THE ACQUISITION OF THE CONTENTS OF THE COURSE, THE COMPETENCES RELATED TO THE FUNDAMENTAL CONCEPTS OF THE DISCIPLINE AND THE ABILITY TO DEVELOP ADEQUATE ARGUMENTS FOR A CORRECT PROSPECT OF JURIDICAL QUESTIONS, WITH AWARENESS OF THE TECHNICAL-JURIDICAL, CULTURAL, PRACTICAL AND VALUE ASPECTS . |
| Texts | |
|---|---|
| V. VARANO - V. BARSOTTI, LA TRADIZIONE GIURIDICA OCCIDENTALE - GIAPPICHELLI, 2018. EDIZIONE. VI. - M. RICCA, INTERCULTURAL LAW, INTERDISCIPLINARY OUTLINES: LAWYERING AND ANTHROPOLOGICAL EXPERTISE IN MIGRATION CASES BEFORE THE COURTS E/C RIVISTA TELEMATICA DELLASSOCIAZIONE ITALIANA DI STUDI SEMIOTICI, PP. 1-53, MARCH 2014 |
| More Information | |
|---|---|
| DURING THE COURSE A SERIES OF PRACTICAL CASES WILL BE EXAMINED. STUDENTS WILL BE GIVEN ADDITIONAL TEACHING MATERIAL. LE LEZIONI POTRANNO ESSERE SVOLTE ANCHE IN LINGUA INGLESE, COSÌ COME LE ATTIVITÀ DI ESERCITAZIONE E DI ELABORAZIONE DEI REPORT DI RICERCA. E’ PREVISTO PERTANTO ANCHE L’UTILIZZO DI FONTI DOCUMENTALI E BIBLIOGRAFICHE IN LINGUA INGLESE. |
BETA VERSION Data source ESSE3 [Ultima Sincronizzazione: 2022-11-21]
