Programme

The course aims at introducing students to the comparative methodology and to the main legal systems consolidated globally. The approach will be both from an historical perspective and from one taking into consideration the main and current intersections between legal systems, highlighting similarities, convergences and competition between models and taking into account the developments deriving from the process of supranational harmonization of laws.
The program will focus on:
-the civil law tradition
-the common law tradition
-the tradition of Nordic systems
-the Islamic tradition
-the Hindi tradition
-the Confucian tradition
-the process of supranational harmonization of laws

Core Documentation

V. Varano – V. Barsotti, La tradizione giuridica occidentale, Giappichelli, Torino, 2018.
G. Calabresi, Il mestiere di giudice. Pensieri di un accademico americano, Il Mulino, Bologna, 2013

Type of evaluation

Written exam The exam is composed of : a) test with ten multiple choice questions (1 point for every correct answer); b) three open questions (from 0 to 7 points for each answer). The total exam duration is 40 m. Erasmus students may agree with the Professor an alternative exam in Italian or in their own language.

Programme

PROGRAM

The course aims at introducing students to the comparative methodology and to the main legal systems consolidated globally. The approach will be both from an historical perspective and from one taking into consideration the main and current intersections between legal systems, highlighting similarities, convergences and competition between models and taking into account the developments deriving from the process of supranational harmonization of laws.
The program will focus on:
-the civil law tradition
-the common law tradition
-the tradition of Nordic systems
-the Islamic tradition
-the Hindi tradition
-the Confucian tradition
-convergence and circulation between legal traditions
-the process of supranational harmonization of laws

TEXTBOOKS:
Students can prepare on the following textbooks:
1) V. Varano – V. Barsotti, La tradizione giuridica occidentale, 6th.ed. Giappichelli, Torino, 2018

and


2) G. Calabresi, Il mestiere di giudice. Pensieri di un accademico americano, Il Mulino, Bologna, 2013

Core Documentation

TEXTBOOKS:

Students can prepare on the following textbooks:

1) V. Varano – V. Barsotti, La tradizione giuridica occidentale, Giappichelli, Torino, 2018

and

2) G. Calabresi, Il mestiere di giudice. Pensieri di un accademico americano, Il Mulino, Bologna, 2013

Type of evaluation

The final exam is written. The exam is structured as follows: a) ten multiple choice questions (each correct answer is worth 1 point; each incorrect or blank answer is worth 0 points); and b) three open-ended questions (each question can be awarded from 0 to 7 points). The final grade is the sum of parts 1)+2). The duration of the exam is 40 minutes. Please check the E-learning page of the course for detailed instructions and guidelines to the exam.

Programme

The course aims at introducing students to the legal traditions of the world, and namely with those traditions with whom the Italian legal system has major contacts. The study of the traditions will be conducted both from a historical and a comparative perspective, taking into account the interaction among legal traditions, the hybridisation and harmonization processes, as well as the competition among legal models.

In particular, the course will deal with the following traditions:
- Civil law
- Common law
- Muslim
- Indu
- East-Asian

Core Documentation

Students shall study the following books:

1) V. Varano – V. Barsotti, La tradizione giuridica occidentale, Giappichelli, Torino, 2018

e

2) G. Calabresi, Il mestiere di giudice. Pensieri di un accademico americano, Mulino, Bologna, 2014

Reference Bibliography

Siems, Comparative Law, CUP, 2018 Bignami-Zaring, Comparative Law and Regulation, Elgar, 2017 Sacco-Gambaro, Sistemi giuridici comparati, Kluwer, ult. ed. Zeno-Zencovich, Comparative legal systems, RomaTreEpress, 2019 Kischel, Rechtsvergleichung, Beck, 2015

Type of delivery of the course

The course is aimed at stimulating active participation by the student, making recourse to the socratic method and the use of new technologies. It is also aimed at explaining legal realist attitudes and inter-disciplinary approaches to legal phenomena.

Attendance

Attending classes is not mandatory. However, this is strongly suggested to better understand the analytical methods and the specific cognitive attitude of comparative law. Students attending classes will have access to additional, or alternative, materials, which will be part of the program. Italian and foreign Professors will be invited to teach one or more classes; audio-visual materials in English will be provided, in order to deepen the knowledge and understanding of foreign legal traditions. All students attending classes are required to sign-in to the e-learning platform of Roma Tre.

Type of evaluation

[APPLICABLE DURING THE COVID-19 EMERGENCY] The exam is entirely written and consists of : a) 10 multiple-choice questions. Each correct answer is awarded 1 point. Incorrect answers or missing answers are awarded 0 points. The questions are based on the topics analysed by the textbooks. b) 4 open questions. Each answer will be evaluated on a scale from 0 to 7 points. The exam has a total duration of 40 minutes and will take during the emergency COVID-19 online through the platforms Elearning and Teams (see http://portalestudente.uniroma3.it/accedi/area-studenti/istruzioni/esami-di-profitto/. The final grade is the sum of the points awarded for each part of the exam. Exam results will be communicated exclusively through the Gomp platform. Students shall be free to refuse the grade within 7 days from the publication of the results. Registration of the grade on the “libretto dello studente” can be requested anytime. If the grade is below 18/30 (not-sufficient) the student will not be allowed to sign-in to the following date of the exam. This rule does not apply to cases of withdrawal or refusal of the grade awarded (above 18/30). It is reminded that the exam is a written one and therefore it is necessary to be on time. For the Erasmus students who have difficulties in writing in Italian, an oral exam or an exam written in foreign language may be agreed upon, by contacting the Professor ahead of time