20110358 - Legal philosophy in a global perspective(Global legal studies)

The course is designed to provide students with the theoretical instruments necessary to confront contemporary debates on law and globalization.
Students will acquire familiarity with:
 theoretical approaches related to globalization and the transformation of legal systems, current paradigms of transnationalism and legal pluralism, struggles for recognition and justice
 familiarity with critical approaches to law and globalization from post-colonial and and feminist perspectives
 instruments to interpret contemporary debates on rights’ recognition, redistribution and global justice
teacher profile | teaching materials

Programme

The following themes will be addressed during the course: the legal globalisation; the theories of war and peace in international law; critical international law and postcolonial theory; the feminist critique to globalization; different approaches to environmental justice.

During the course, the students will be encouraged to attend seminars organised with guest speakers and to actively take part in the lessons.


Course Learning Objectives
At the end of this course, students should be proficient in the following subject areas and skills:
 familiarity with the transformations that have occurred as a result of the shift from a state-centred paradigm of law to the current paradigm of global legal pluralism
 familiarity with the theoretical approaches related to globalization and the transformation of legal systems, transnationalism and struggles for recognition
 acquisition of instruments to interpret contemporary debates on rights’ recognition, redistribution and global justice


Prerequisiti

there are no prerequisites for the course

Core Documentation

books
Hans Kelsen, Peace through Law, Part I
Anthony Anghie, Imperialism, Sovreignty and the Macking of International Law
Enrica Rigo , Migration Asylum and Exploitation, A feminist Legal Perspective. Bristol University press



Papers/ articles

Kennedy, The Three Globalizazion of Law
Teubner, Global Bukowina: Legal Pluralism in the World Society
Chimni, Prolegomena to a class approach to international law
Otto, D. , Subalternity and international law: The problems of global community and the incommensurability of difference
Fraser, The contradiction of Capitalism and Care


All papers will be uploaded on the e-learning platform



Reference Bibliography

books Kelsen, Peace through Law, Part I and II Schmitt, The nomos of the Earth, Part I and part IV Papers/ articles Kennedy, The Three Globalizazion of Law Teubner, Global Bukowina: Legal Pluralism in the World Society De Vito, Critical enviromental Law Chimni, Prolegomena to a class approach to international law de Sousa Santos, Beyond Neoliberal Governance: the World Social Forum as subaltern cosmopolitan politics and legality Macmillan, Critical law and development Otto, D. , Subalternity and international law: The problems of global community and the incommensurability of difference Hilary Charlesworth, Christine Chinkin and Shelley Wright, Feminist Approaches to International Law Fraser, N. Contradictions of Capitalism and Care All readings will be uploaded on the e-learning platform

Type of delivery of the course

the course will be in presence

Attendance

course attendancy is higly recommended

Type of evaluation

the final exam will be an oral interview The students that attend class will also be evaluated for their partecipation in class, a coursework and an interim written test.