Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
2° periodo di lezioni - GEM (febbraio/aprile) dal Feb 10, 2021 al Apr 1, 2021.
Knowledge and capacity to understand At the end of the course, the student should: - have a basic knowledge of the fundamentals of comparative legal methodology; - have a basic knowledge of both topics and methods of comparative law; - have a basic knowledge of the distinction between legal traditions and legal systems; - have a basic knowledge of the non legal variables affecting legal change; - assess how emergencies, risk management/containment affect the real of the law. Knowledge and capacity to apply understanding At the end of the course, the student should be able to: - propose legal reflections in terms of systems/traditions; - interpret non-legal variables , even ecological ones, affecting legal change; - apply the comparative legal method. Independent judgment At the end of the course, the students will have acquired: - the capacity to critically analyze non-Western legal traditions; - the capacity to critically assess the several issues arising in a globalised world, where economic, legal, as well as political factors interact; - the ability of examining public containment. Communication skills At the end of the course, the students should be able to: - consciously use specific terms relating to comparative law themes; - speak precisely about the non-Western conceptions of the law; - Capacity to learn At the end of the course, the students should be able to: - identify and analyze the way in which the theme of constitutional narrative is dealt with in the principal phenomena linked to globalization; - find the necessary sources to develop an interdisciplinary comparative legal study.
The course will be divided into three parts:
1. Comparative method and constitutional legal studies.
2. Legal geography.
3. Legal traditions: African Law. Mixed jurisdictions. Islamic Law. Hindu Law. Hebrew Law. Far Eastern legal systems. The Russian area.
3. Legal change and legal systems: colonisation, numerical comparative law, terrorisms.
4. Climate change and comparative law.
Students that will attend the lectures must study:
1) Lecture notes;
and then, either
2) Mathias Siems, Comparative Law, 2nd edn Cambridge: C.U.P., 2018, chs. 1, 2, 4, 7, 8, 9, 10, 11.
or the following list
2a) Mathias Siems, “Numerical Comparative Law: Do We Need Statistical Evidence in Law in Order to Reduce Complexity?,” Cardozo Journal of International and Comparative Law, 13.2 (2005): 521–540;
2b) Nicholas Blomley, From ‘What?’ to ‘So What?’: Law and Geography in Retrospect, in Jane Holder and Carolyn Harrison, Law and Geography, OUP, 2003, 17-33;
2c) Helena Alviar García, "Neoliberalism as a form of authoritarian constitutionalism", in H. Alviar García, Günter Frankenberg (eds.), Authoritarian Constitutionalism. Comparative Analysis and Critique, Elgar, Cheltenham – Northampton (MS), 2019, pp. 37-56;
2d) H. P. Glenn, Legal Traditions of the World, 5th edn, Oxford, O.U.P., 2014 (1 tradizione)
2e) Reinhard Mechler et al. (eds.) Loss and Damage from Climate Change. Concepts, Methods and Policy Options, Springer 2019, Capp. 1 e due a scelta;
2f) Erkki J. Hollo et al (Editors), Climate Change and the Law (Cap. 2 e uno a scelta tra i cap. da 18 a 30)
Students not attending the lectures must study
1) Erkki J. Hollo et al (Editors), Climate Change and the Law (Capp. 1-3 e uno a scelta tra i cap. da 18 a 30)
and then, either
2a) Mathias Siems, Comparative Law, 2nd edn Cambridge: C.U.P., 2018, chs. 1, 2, 4, 7, 8, 9, 10, 11.
2b) George Mousourakis, Comparative Law and Legal Traditions. Historical and Contemporary Perspectives (Springer, Vienna, 2019)
|Kati Kulovesi , Michael Mehling , and Erkki J. Hollo
||Climate Change and the Law
||Cambridge University Press
||George Mousourakis, Comparative Law and Legal Traditions. Historical and Contemporary Perspectives
|Reinhard Mechler et al. (eds.)
||Loss and Damage from Climate Change. Concepts, Methods and Policy Options, Springer 2019
||Cap. 1 e due a scelta
Students not attending the course: oral examination.
Students attending the course: 1) a ppt presentation to be delivered during the course. The topic will be arranged with professor Nicolini and will deal with one of the legal issues discussed during the lectures; 2) oral examination at the end of the course of lectures.
ERASMUS students are invited to contact professor Nicolini (firstname.lastname@example.org) at the beginning of the course in order to set teaching methods and assessment tests.