Scientific Disciplinary Sector (SSD)
IUS/21 - COMPARATIVE PUBLIC LAW
2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.
The course is included in the learning area Global dimension of legal phenomena, and aims at providing students with advanced legal knowledge of the global dynamics of legal phenomena and their functioning. A specialist in transnational law must be able to analyse global phenomena, including the more complex ones (socio-economic, political, related to climate change) by using methods and key concepts of modern comparative public law.
At the end of the course, the student be familiar with the analysis and the understanding of differentiated regulatory systems that complete the legal approach to environmental, social and economic sustainability, with particular reference to the multilevel and transnational functioning of modern law.
The student will acquire the ability to address and to solve real problems of the professional context in which he/she will operate by orienting his/her competence to the compliance and prevention of judicial conflict. He/she will be able to decode the practical consequences of the regulatory framework and to solve concrete problems – in written and oral form as well as through group work, and by resorting to the method of Problem Based Solving (PBS). Students will become familiar with the appropriate, specific disciplinary vocabulary, adopting the correct lines of reasoning and argumentation, and making independent judgments. The teaching method used is functional to the continuous learning and updating of acquired knowledge.
The course will be divided into three parts:
1. Face-to-face teaching (2 ECTS; 12 hours)
• Introduction: defining comparative law and globalisation;
• Comparative law: history and methodologies;
• Global law: universalism;
• Patterns of legal change;
• Language of law and legal globalisation.
2. Face-to-face teaching (2 ECTS; 12 hours)
• Global law and global governance;
• Rule of law;
• Transnational law;
• Numerical comparative law;
• Legal transplants and covergence;
• Comparative law and development.
3. Face-to-face teaching (1 ECTS; 6 hours) and online teaching (1 ECTS; 6 hours)
• The Code of Capital by Katharina Pistor
Students that will attend the lectures must study:
1) Lecture notes;
2) Jaakko Husa, Advanced Introduction to Law and Globalisation, Edward Elgar, Cheltenham and Northampton, 2018 (chapters 1 to 6).
3) Katharina Pistor, The Code of Capital. How the Law Creates Wealth and Inequality, Princeton UP, Princeton and Oxford, 2019 (chapters 1-4; the other chapters will be discussed during the online laboratory)
Students not attending the lectures must study:
1) Mathias Siems, Comparative Law, 2nd edn Cambridge: C.U.P., 2018 (chapters 1, 2, 7, 8, 9, 10, 11).
Legal materials, relevant decisions and further readings will be posted on the e-learning platform.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
Exam for attending students
Students that have regularly attended classes will take an oral exam.
During the course, they will deliver at least one presentation related to one of the issues arising from the book “The Code of Capital” dealt with during the course. The presentation will be assessed in order to determine the final mark.
The oral exam, on the other hand, will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of global comparative law.
The final mark will be expressed in thirtieths.
Non-attending students are required to take an oral exam. The exam will consist of an oral discussion, aims at verifying the knowledge of the fundamentals of global comparative law.
Erasmus students that have regularly attended classes are granted the possibility to write an essay on a topic agreed by the instructor.
The oral exam will be conducted in English.