Virginia ZAMBRANO | INTERCULTURAL LAW
Virginia ZAMBRANO INTERCULTURAL LAW
cod. 1222500029
INTERCULTURAL LAW
| 1222500029 | |
| DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS | |
| EQF7 | |
| GLOBAL STUDIES AND EU | |
| 2024/2025 |
| OBBLIGATORIO | |
| YEAR OF COURSE 1 | |
| YEAR OF DIDACTIC SYSTEM 2018 | |
| AUTUMN SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/02 | 6 | 42 | LESSONS |
| Exam | Date | Session | |
|---|---|---|---|
| ZAMBRANO | 16/12/2024 - 10:00 | SESSIONE ORDINARIA | |
| ZAMBRANO | 16/12/2024 - 10:00 | SESSIONE DI RECUPERO |
| Objectives | |
|---|---|
| GENERAL PURPOSE: THE COURSE IS AIMED AT GIVING STUDENTS THE CONCEPTUAL TOOLS TO VERIFY HOW THE SPACE IN WHICH PEOPLE LIVE IS SHAPED BY THEIR CULTURE, AS WELL AS SHOWING THE DIFFERENT WAY IN WHICH INSTITUTIONS AND LEGAL STRUCTURES REACT TO DIVERSITY. INTERNATIONAL-PRIVATIST TOOLS AND LEGAL-COMPARATIVE ANALYSIS ARE INDISPENSABLE TO ADDRESS AND RESPOND ADEQUATELY TO THESE NEW DEMANDS. KNOWLEDGE AND UNDERSTANDING: THROUGH AN INTERCULTURAL LEGAL APPROACH WE INTEND TO CREATE THE CONDITIONS FOR A CROSS-CULTURAL COMMUNICATION IN ORDER TO INTEGRATE THE DIFFERENT LIFE MODELS, AND CUSTOMARY BEHAVIOR. THE AIM IS TO CREATE THE CONDITIONS FOR OVERCOMING THE COGNITIVE BARRIERS EXPRESSED BY THE CULTURAL LEGAL DIFFERENCES AND TO CORRECTLY INTERPRET THE BEHAVIOUR OF PEOPLE COMING FROM ABROAD - OR BELONGING TO DIFFERENT CULTURES - (BE THEY ENTREPRENEURS, WORKERS, SUBJECTS ACTING AS HEIRS, PARENTS, SPOUSES, CONTRACTUAL PARTIES, PARTNERS, ETC.) ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE COURSE IS ALSO AIMED AT CORRECTLY IDENTIFYING WHICH LAW APPLIES IN CASE OF A LEGAL DISPUTE. THE INTERNATIONAL-PRIVATE-LAW TOOLS AND THE JURIDICAL-COMPARATIVE ANALYSIS ARE CRUCIAL TO DULY RESPOND TO THESE NEW NEEDS. AUTONOMY OF APPRECIATION: THE STUDENT WILL BE ABLE TO: - TO COLLECT AND INTERPRET DATA WITH AUTONOMY AND RESPONSIBILITY; - TO MANAGE AND RESOLVE COMPLEXITY IN RELATION TO THE FUNCTIONS HE/SHE WILL BE CALLED UPON TO PERFORM IN EITHER PUBLIC OR PRIVATE STRUCTURES; - TO PERFORM ADVISORY ACTIVITIES BY DISPLAYING INDEPENDENT JUDGEMENT SKILLS LINKED TO THE KNOWLEDGE ACQUIRED AND INSPIRED BY ETHICAL AND SOCIAL VALUES. |
| 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 PRACTICES HEREBY REGULATING DIVERSITY WITHOUT ENFORCING RIGID UNITY, WHILE AT THE SAME 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 SUSTAINABLE? (HOW) COULD RELIGIOUSLY INSPIRED LAW (LIKE THE SHARI’A) BE ACCOMMODATED 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. THE LESSONS MAY ALSO BE HELD IN ENGLISH, AS WELL AS THE RESEARCH REPORT PROCESSING ACTIVITIES. THEREFORE THE USE OF DOCUMENTAL AND BIBLIOGRAPHICAL SOURCES IN ENGLISH IS ALSO PROVIDED. |
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