LEGAL TRADITIONS AND COMPARATIVE LAW
Harmonization of Law, Roman Foundation of Private Law, Chinese Law
Syllabus
EN
IT
Learning Objectives
The course provides an introduction to the study of law in the global scenario. Through a historical and comparative approach, the course deals with the following topics: (i) legal systems around the world and the system of sources of law, (ii) fundamental institutions of private and public law worldwide, (iii) the Roman origins of legal institutions, (iv) fundamental legal concepts and their historical development, (v) constitutionalism within the framework of the nation-state and the constitutional structure of contemporary democratic political systems.
The course is divided into three modules:
- 1st Module, Introduction to Legal Systems, Prof. Massimo Papa, 4 ECTS
- 2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 ECTS
- 3rd Module, Comparative Constitutional Law, Prof. Andrea Buratti, 4 ECTS
The course is divided into three modules:
- 1st Module, Introduction to Legal Systems, Prof. Massimo Papa, 4 ECTS
- 2nd Module, Harmonization of Law and Legal History, Prof. Riccardo Cardilli, 4 ECTS
- 3rd Module, Comparative Constitutional Law, Prof. Andrea Buratti, 4 ECTS
RICCARDO CARDILLI
Prerequisites
No formal pre-requisites
Program
Prof. Buratti:
- Theoretical Roots of Modern Constitutionalism. Ancient and modern constitutionalism
- English Constitutionalism: the relationship with the Common law legal system, the claim for separation of powers and fundamental rights
- The Rise of Constitutionalism in the Age of Revolutions: French and American Revolutions constitutionalism, common patterns and different paths
- American Constitution: constitutional rigidity, the judicial review of the legislation, federalism. The process of democratization
- Constitution and State in 19th Century: liberal constitutionalism in Europe
- American contemporary constitutionalism: Congress and the Presidency, transformations in the interpretation of federalism and constitutional rights (the role of the Supreme Court)
- European Constitutions in Post-Second World War: fundamental rights, forms of government, regionalism, sources of law
- Worldwide expansion of Western Constitutionalism
- Open Constitutional State: the development of the European Union legal order and its institutions
Proff. Cardilli and Porcelli:
Legal Families, Legal systems, Legal Areas and Legal Traditions in the World
Law and Globalization: Historical Universal Models vs. Nation State-Law
Harmonization of Law, Roman Law and Modern Legal Systems
Liberty and Democracy of Ancients vs. Liberty and Democracy of Moderns
Community Values vs. Legal Individualism: Towards a New Paradigm of Legal Thinking
Chinese Law:
a) Traditional chinese law;
b) First modernization: Chinese law in the nineteenth and twentieth centuries before the Maoist revolution;
c) Maoist period and juridical nichilism;
d) Second modernization: 1978-2018 China's way to social transition using the law;
e) 2021: the new Civil Code of the People's Republic of China
- Theoretical Roots of Modern Constitutionalism. Ancient and modern constitutionalism
- English Constitutionalism: the relationship with the Common law legal system, the claim for separation of powers and fundamental rights
- The Rise of Constitutionalism in the Age of Revolutions: French and American Revolutions constitutionalism, common patterns and different paths
- American Constitution: constitutional rigidity, the judicial review of the legislation, federalism. The process of democratization
- Constitution and State in 19th Century: liberal constitutionalism in Europe
- American contemporary constitutionalism: Congress and the Presidency, transformations in the interpretation of federalism and constitutional rights (the role of the Supreme Court)
- European Constitutions in Post-Second World War: fundamental rights, forms of government, regionalism, sources of law
- Worldwide expansion of Western Constitutionalism
- Open Constitutional State: the development of the European Union legal order and its institutions
Proff. Cardilli and Porcelli:
Legal Families, Legal systems, Legal Areas and Legal Traditions in the World
Law and Globalization: Historical Universal Models vs. Nation State-Law
Harmonization of Law, Roman Law and Modern Legal Systems
Liberty and Democracy of Ancients vs. Liberty and Democracy of Moderns
Community Values vs. Legal Individualism: Towards a New Paradigm of Legal Thinking
Chinese Law:
a) Traditional chinese law;
b) First modernization: Chinese law in the nineteenth and twentieth centuries before the Maoist revolution;
c) Maoist period and juridical nichilism;
d) Second modernization: 1978-2018 China's way to social transition using the law;
e) 2021: the new Civil Code of the People's Republic of China
Books
Prof. Buratti:
Buratti, Legal Glossary, provided by the teacher
Buratti, Western Constitutionalism, 3rd edition, 2024
Prof. Cardilli and Porcelli:
Textbook and Materials
- Pdf materials distributed during the lectures.
- P. Stein, Roman Law in the European history, Cambridge, 1999.
Buratti, Legal Glossary, provided by the teacher
Buratti, Western Constitutionalism, 3rd edition, 2024
Prof. Cardilli and Porcelli:
Textbook and Materials
- Pdf materials distributed during the lectures.
- P. Stein, Roman Law in the European history, Cambridge, 1999.
Teaching methods
The course is organized through traditional lectures by the teacher.
The lectures will provide the students with the necessary information and reading guidelines on the phenomena under study.
The lectures will provide the students with the necessary information and reading guidelines on the phenomena under study.
Exam Rules
Course assessment
The assessment of learning takes place exclusively through a final examination which consists of a written test and in an oral exam.
For Prof. Cardilli and Porcelli, a written mid-term Exam on Topics 1, 2 and 3 of the Syllabus will take place. A Final oral exam will take place, embracing all the other Topics of the Syllabus. Students who won’t pass or take the mid-term exam will take the whole exam at the moment of the Final exam.
The objective of the final examination is to verify the achievement of the course learning outcome. In particular, the examination assesses the student's overall preparation, ability to integrate knowledge of the different parts of the programme, consequentiality of reasoning, analytical ability and autonomy of judgement. In addition, ownership of language and clarity of exposition are assessed, in adherence with the Dublin descriptors.
Minimum score for passing the written test 18 out of 30.
After listening to the presentations, the lecturers communicate the results to the students registered for the examination via the Delphi system.
Students may take the examination on all available dates. there is no roll-call jump.
The examination will be assessed according to the following criteria:
• FAIL: important deficiencies and/or inaccuracies in the knowledge and understanding of the topics; limited ability to analyse and synthesise, frequent generalisations and limited critical and judgemental skills, the topics are set out inconsistently and with inappropriate language;
• 18-20: Barely sufficient knowledge and understanding of the topics with possible generalisations and imperfections; sufficient capacity for analysis, synthesis and autonomy of judgement, the topics are frequently exposed in an incoherent manner and with inappropriate/technical language;
• 21-23: Routine knowledge and understanding of topics; ability to analyse and synthesise correctly with sufficiently coherent logical argumentation and appropriate/technical language
• 24-26: Fair knowledge and understanding of the topics; Good analytical and synthetic skills with arguments expressed in a rigorous manner but with language that is not always appropriate/technical.
• 27-29: Comprehensive knowledge and understanding of the topics; considerable capacity for analysis and synthesis. Good autonomy of judgement. Arguments presented in a rigorous manner and with appropriate/technical language
• 30-30L: Excellent level of knowledge and thorough understanding of topics. Excellent analytical and synthetic skills and independent judgement. Arguments expressed in an original manner and with appropriate technical language.
Course evaluation for attending students:
• In-class presentations (100 %)
• Rules for the presentation: Students can work on their presentations alone or in groups. A group may comprise 2 to 4 students. The students agree on the topic of the presentations with the lecturers, individually or in groups. Each student/group prepares its presentation and emails it to the lecturers at least one day in advance of the day scheduled for class discussion. In the case of group presentations, each group member receives the same final grade.
Course evaluation for non-attending students:
• Final oral exam (100%).
• Rules for the oral exam: the final exam consists of an approximately 20-minute oral test with questions on one of the textbooks indicated above,
The assessment of learning takes place exclusively through a final examination which consists of a written test and in an oral exam.
For Prof. Cardilli and Porcelli, a written mid-term Exam on Topics 1, 2 and 3 of the Syllabus will take place. A Final oral exam will take place, embracing all the other Topics of the Syllabus. Students who won’t pass or take the mid-term exam will take the whole exam at the moment of the Final exam.
The objective of the final examination is to verify the achievement of the course learning outcome. In particular, the examination assesses the student's overall preparation, ability to integrate knowledge of the different parts of the programme, consequentiality of reasoning, analytical ability and autonomy of judgement. In addition, ownership of language and clarity of exposition are assessed, in adherence with the Dublin descriptors.
Minimum score for passing the written test 18 out of 30.
After listening to the presentations, the lecturers communicate the results to the students registered for the examination via the Delphi system.
Students may take the examination on all available dates. there is no roll-call jump.
The examination will be assessed according to the following criteria:
• FAIL: important deficiencies and/or inaccuracies in the knowledge and understanding of the topics; limited ability to analyse and synthesise, frequent generalisations and limited critical and judgemental skills, the topics are set out inconsistently and with inappropriate language;
• 18-20: Barely sufficient knowledge and understanding of the topics with possible generalisations and imperfections; sufficient capacity for analysis, synthesis and autonomy of judgement, the topics are frequently exposed in an incoherent manner and with inappropriate/technical language;
• 21-23: Routine knowledge and understanding of topics; ability to analyse and synthesise correctly with sufficiently coherent logical argumentation and appropriate/technical language
• 24-26: Fair knowledge and understanding of the topics; Good analytical and synthetic skills with arguments expressed in a rigorous manner but with language that is not always appropriate/technical.
• 27-29: Comprehensive knowledge and understanding of the topics; considerable capacity for analysis and synthesis. Good autonomy of judgement. Arguments presented in a rigorous manner and with appropriate/technical language
• 30-30L: Excellent level of knowledge and thorough understanding of topics. Excellent analytical and synthetic skills and independent judgement. Arguments expressed in an original manner and with appropriate technical language.
Course evaluation for attending students:
• In-class presentations (100 %)
• Rules for the presentation: Students can work on their presentations alone or in groups. A group may comprise 2 to 4 students. The students agree on the topic of the presentations with the lecturers, individually or in groups. Each student/group prepares its presentation and emails it to the lecturers at least one day in advance of the day scheduled for class discussion. In the case of group presentations, each group member receives the same final grade.
Course evaluation for non-attending students:
• Final oral exam (100%).
• Rules for the oral exam: the final exam consists of an approximately 20-minute oral test with questions on one of the textbooks indicated above,