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LEGAL TRADITIONS AND COMPARATIVE LAW

01 - Introduction to the Legal Systems

Syllabus

EN IT

MASSIMO PAPA

Prerequisites

-

Program

1st Module (Prof. M. Papa)
Topic 1 Legal systems and legal traditions in the World
Topic 2 Private Law and Public Law
Topic 3 Sources of law
Topic 4 The Civil Law tradition
Topic 5 The Common Law tradition
Topic 6 The Islamic Law tradition

Books

1st Module: Lectures, analyses of materials (case law and historical documents).
2nd Module: Lectures, analyses of materials (case law and historical documents).
3rd Module: Andrea Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Third Edition, Springer, 2023.
Legal Glossary. Notes provided by the teacher.

Bibliography

1° Module: R. Salvi, G. Garzone, Legal English, Egea, 2007
2° Module: P. Stein, Roman Law in the European history, Cambridge, 1999.
3° Module: Andrea Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Third Edition, Springer, 2023.

Teaching methods

In-class teaching.

Exam Rules

The final grade for the Exam of Legal Traditions and Comparative Law will be the average of the grades obtained in the three Modules. This grade will be determined on the date of the final exam. For the dates of the Final Exam, please refer to the program website on the Exams page.

Students who pass only one or two out of the three modules within the first 2 dates of the Winter session can complete the exam in the Fall (September) session.

Grades obtained will remain valid or can be rejected. If rejected, the module exam will need to be retaken in full. The grades obtained in the modules are not valid beyond the Fall (September) Session.

ANDREA BURATTI

Program

3rd Module (Prof. A. Buratti)
Topic 1 Theoretical Roots of Modern Constitutionalism. Ancient and modern
constitutionalism.
Topic 2 English Constitutionalism: the relationship with the Common law legal system, the
claim for separation of powers and fundamental rights.
Topic 3 The Rise of Constitutionalism in the Age of Revolutions: French and American
Revolutions constitutionalism, common patterns and different paths
Topic 4 American Constitution: constitutional rigidity, the judicial review of the legislation,
federalism. The process of democratization.
Topic 5 Constitution and State in 19th Century: liberal constitutionalism in Europe.
Topic 6 American contemporary constitutionalism: Congress and the Presidency,
transformations in the interpretation of federalism and constitutional rights (the role
of the Supreme Court).
Topic 7 European Constitutions in Post-Second World War: fundamental rights, forms of
government, regionalism, sources of law.
Topic 8 Worldwide expansion of Western Constitutionalism.
Topic 9 Open Constitutional State: the development of the European Union legal order and
its institutions.

Bibliography

1st Module: R. Salvi, G. Garzone, Legal English, Egea, 2007
2nd Module: P. Stein, Roman Law in the European history, Cambridge, 1999.
3rd Module: Andrea Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Third Edition, Springer, 2023.

Exam Rules

The final grade for the Exam of Legal Traditions and Comparative Law will be the average of the grades obtained in the three Modules. This grade will be determined on the date of the final exam. For the dates of the Final Exam, please refer to the program website on the Exams page.

Students who pass only one or two out of the three modules within the first 2 dates of the Winter session can complete the exam in the Fall (September) session.

Grades obtained will remain valid or can be rejected. If rejected, the module exam will need to be retaken in full. The grades obtained in the modules are not valid beyond the Fall (September) Session.

First Module: A written exam will be held during the mid-term week. Students who do not pass the exam will have the opportunity to retake it only once in the Winter session (February) and in the Fall session.

RICCARDO CARDILLI

Program

2nd Module (Prof. R. Cardilli)
Topic 1 Law and Globalization: Historical Universal Models vs. Nation State-Law.
Topic 2 Harmonization of Law, Roman Law and Modern Legal Systems.
Topic 3 Liberty and Democracy of Ancients vs. Liberty and Democracy of Moderns.
Topic 4 Community Values vs. Legal Individualism: Towards a New Paradigm of Legal
Thinking.

Bibliography

1° Module: R. Salvi, G. Garzone, Legal English, Egea, 2007
2° Module: P. Stein, Roman Law in the European history, Cambridge, 1999.
3° Module: Andrea Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Third Edition, Springer, 2023.

Exam Rules


Students who pass only one or two out of the three modules within the first 2 dates of the Winter session can complete the exam in the Fall (September) session.

Grades obtained will remain valid or can be rejected. If rejected, the module exam will need to be retaken in full. The grades obtained in the modules are not valid beyond the Fall (September) Session.