Tullio FENUCCI | COMPARATIVE LEGAL SYSTEMS
Tullio FENUCCI COMPARATIVE LEGAL SYSTEMS
cod. 1212100129
COMPARATIVE LEGAL SYSTEMS
| 1212100129 | |
| DEPARTMENT OF POLITICAL AND COMMUNICATION SCIENCES | |
| EQF6 | |
| POLITICAL AND INTERNATIONAL RELATIONS SCIENCE | |
| 2024/2025 |
| YEAR OF COURSE 3 | |
| YEAR OF DIDACTIC SYSTEM 2019 | |
| SPRING SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/02 | 6 | 40 | LESSONS |
| Exam | Date | Session | |
|---|---|---|---|
| SISTEMI GIURIDICI COMPARATI | 17/04/2025 - 10:00 | SESSIONE ORDINARIA |
| Objectives | |
|---|---|
| GENERAL OBJECTIVE: THE COURSE IS AIMED AT ANALYZING THE MEANING AND METHOD OF LEGAL COMPARISON, WITH THE AIM OF DEVELOPING A MAP OF THE "LEGAL GEOGRAPHY" OF THE PLANET SUCH AS TO ALLOW ACCESS TO KNOWLEDGE OF THE GREAT SYSTEMS OF CONTEMPORARY LAW ON A GLOBAL SCALE, WITHOUT NEGLECTING THE DIACHRONIC PERSPECTIVE. THE FINAL OBJECTIVE IS TO TRAIN FUTURE GRADUATES EQUIPPED WITH LEGAL SKILLS AND ABILITIES THAT CAN BE USED AT A TRANSNATIONAL LEVEL, AND WITH SENSITIVITY THAT RESPECTS DIFFERENT LEGAL CULTURES. KNOWLEDGE AND UNDERSTANDING: THE STUDENT WILL DEVELOP THE ABILITY TO INTEGRATE KNOWLEDGE RELATING TO THEIR OWN LEGAL SYSTEM WITH THAT RELATING TO OTHER LEGAL SYSTEMS OR SYSTEMS THAT USE DIFFERENT SOCIAL CONTROL MECHANISMS; RECOGNIZE THE PLURALISM OF LEGAL SOURCES AND ITS COMPLEXITY. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE STUDENT WILL BE ABLE TO APPLY THE METHODOLOGIES OF LEGAL COMPARISON, IN ORDER TO ACQUIRE MULTIDISCIPLINARY SKILLS FOR A FRUITFUL STUDY OF THE DIFFERENT LEGAL TRADITIONS. MAKING JUDGEMENTS: THE STUDENT WILL BE ABLE TO RECOGNIZE AND CRITICALLY EVALUATE SIMILARITIES AND DIFFERENCES IN THE LEGAL SOLUTIONS ACCEPTED BY THE DIFFERENT SYSTEMS ANALYSED. COMMUNICATION SKILLS: THE STUDENT WILL BE ABLE TO DEAL WITH THE PROBLEMS OF TRANSLATING LEGAL CONCEPTS INTO THE LANGUAGES OF THE DIFFERENT SYSTEMS STUDIED. LEARNING ABILITY: THE STUDENT WILL BE ABLE TO USE TRADITIONAL BIBLIOGRAPHIC TOOLS AND IT RESOURCES FOR ANALYSIS AND ARCHIVING; CARRY OUT RESEARCH, UNDERSTAND AND INTERPRET COMPLEX TEXTS, ORIENTING THEMSELVES AMONG THE DIFFERENT LEGAL SOURCES; PROCEED WITH THE CONTINUOUS UPDATING OF ONE'S KNOWLEDGE, USING TECHNICAL AND SCIENTIFIC LITERATURE. |
| Prerequisites | |
|---|---|
| NO PREREQUISITES ARE REQUIRED. |
| Contents | |
|---|---|
| ALTHOUGH IT IS NOT POSSIBLE TO ADVANCE A STRICT DISTRIBUTION OF THE TOPICS OF THE LESSONS, SINCE SEVERAL TOPICS COVERED BY THE PROGRAM WILL OFTEN BE DEALT WITH AT THE SAME TIME, IN PRINCIPLE THE FOLLOWING PATTERN IS PROPOSED: NOTION OF LEGAL SYSTEM AND INTRODUCTORY NOTIONS OF COMPARATIVE LAW (2H) CLASSIFICATION OF SYSTEM FAMILIES; THE LEGAL TRADITION OF CIVIL LAW (2H) EVOLUTION AND CHARACTERISTICS OF THE COMMON LAW LEGAL TRADITION, WITH PARTICULAR REFERENCE TO ENGLAND (2H) THE SOURCES OF LAW IN THE WESTERN LEGAL TRADITION: A COMPARISON BETWEEN CIVIL LAW AND COMMON LAW (2H) THE UNITED STATES: CONSTITUTIONAL ORDER, JUDICIAL POWER STRUCTURE AND ROLE OF DOCTRINE (2H) THE EVOLUTION OF STATE FORMS IN THE WESTERN LEGAL TRADITION (2H) MODELS OF COMPARATIVE CONSTITUTIONAL JUSTICE, PART I (2H) MODELS OF COMPARATIVE CONSTITUTIONAL JUSTICE, PART II (2H) FUNDAMENTAL RIGHTS IN THE WESTERN LEGAL TRADITION (2H) THE CONSTITUTIONAL SYSTEM OF THE UNITED KINGDOM (2H) FUNCTIONS AND AIMS OF COMPARATIVE LAW (2H) THE LEGAL TRADITION OF THE NORDIC COUNTRIES (2H) THE DEVELOPMENT OF THE LATIN AMERICAN LEGAL SYSTEM (2H) CONSTITUTIONALISM IN LATIN AMERICA (2H) CHINESE LAW AND THE FIRST PHASE OF THE INFLUENCE OF THE WESTERN LEGAL TRADITION (2H) CHINA AND WESTERN LAW IN THE MAOIST AND POST-MAOIST PHASES (2H) JAPAN BETWEEN CIVIL LAW AND U.S. INFLUENCE (2H) MUSLIM LAW AND THE RECEPTION OF THE WESTERN MODEL IN ISLAMIC COUNTRIES (2H) CONSTITUTIONALISM AND JUDICIAL REVIEW OF LEGISLATION IN ISLAMIC COUNTRIES (2H) INDIA AND WESTERN LEGAL TRADITION (2H) |
| Teaching Methods | |
|---|---|
| THE TEACHING CONSISTS OF LECTURES. ATTENDANCE IS NOT COMPULSORY. |
| Verification of learning | |
|---|---|
| THE EXAM WILL TAKE PLACE ORALLY AND THE EVALUATION WILL BE BASED ON THE LEVEL OF UNDERSTANDING, DETAILED STUDY AND EXPOSITORY SKILLS OF THE MATTER AS A WHOLE. MORE SPECIFICALLY, THE ACHIEVEMENT OF TEACHING PURPOSES IS CERTIFIED BY PASSING AN ORAL EXAMINATION WITH AN ASSESSMENT EXPRESSED IN THIRTIETHS. THE ORAL TEST CONSISTS OF AN ORAL EXAM WITH QUESTIONS AND DISCUSSION ON THEORETICAL AND METHODOLOGICAL CONTENTS SPECIFIED IN THE TEACHING PROGRAMM AND IS AIMED AT VERIFYING THE LEVEL OF KNOWDLEDGE AND OF ABILITY OF COMPREHENSION REACHED BY THE STUDENT, THE ABILITY TO DISPLAY USING THE APPROPRIATE TERMINOLOGY AND THE ABILITY TO ORGANIZE INDEPENDENTLY THE EXPOSITION ON THE SAME THEORETICAL CONTENT TOPICS. THE STUDENT PASSES THE EXAM WHEN THE VOTE ACHIEVED IS GREATER THAN OR EQUAL TO 18. THE LEVEL OF MINIMUM ASSESSMENT IN ORDER TO PASS THE EXAM (18) IS ATTRIBUTED WHEN THE STUDENT HAS JUST ENOUGH KNOWLEDGE OF THEORETICAL CONTENT. THE MAXIMUM LEVEL (30) IS ATTRIBUTED WHEN THE STUDENT SHOWS A FULL KNOWLEDGE OF THEORETICAL CONTENT. PRAISE IS ATTRIBUTED WHEN THE CANDIDATE DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENTS AND SHOWS THAT HE KNOWS HOW TO PRESENT THE SUBJECTS WITH CONSIDERABLE CORRECT USE OF LANGUAGE AND AUTONOMOUS PROCESSING CAPACITY EVEN IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE TEACHER. |
| Texts | |
|---|---|
| VARANO - BARSOTTI, LA TRADIZIONE GIURIDICA OCCIDENTALE, VOL. I, GIAPPICHELLI, TORINO (THE APPENDIXES ARE NOT MANDATORY). P. GROSSI, L'EUROPA DEL DIRITTO, LATERZA, 2011. |
| More Information | |
|---|---|
| HTTPS://DOCENTI.UNISA.IT/020373/HOME |
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