Introduction to comparative law
The graduate in Law acquires: - elements of deepening of the legal culture of national, European, international and transnational basis also with case-based techniques and methodologies, in relation to issues useful for the understanding and evaluation of principles or institutes of positive law; - the elements of deepening of the Italian legal system in its main articulations and interrelations; - the in-depth study of historical knowledge that allows the evaluation of the institutes of positive law also in the perspective of their evolution; - the in-depth knowledge of the legal culture and of the institutes of positive law in a comparative and interdisciplinary key, relying on contributions from other areas
disciplines such as economics, sociology, humanities and literary studies, computer science, life sciences and cognitive sciences.
Ability to apply knowledge and understanding.
The study of the comparative juridical systems constitutes an epistemological itinerary that crosses the evolution of comparative law, from the intermediate period, to the great modern codifications in continuous movement towards the great ensembles. The diachronic reconstruction of the most representative legal systems
it represents the objective of representing the European legal culture as it has come to delineate in the last two centuries up to the present day. The juridical science of comparative rights is the bearer of a legacy of styles, inspiration and juridical tradition which constitute a formidable asset to which to draw from all scholars. The methodological problem is the central moment in the formation of the candidate induced to evaluate in a unitary and dynamic the rule of law systems and to measure the dissociations among the formants. The micro and macro comparison identifies the criteria on which to base the typological kinship of the legal systems. The analysis of the most widespread ordinance models on the planet is carried out in a perspective aimed at recognizing a new taxonomy and systemology.
Autonomy of judgment: Students who have followed the teaching of comparative legal systems must be able to understand the legal phenomena in their different meanings as well as the convergences and contrapositions between the different legal systems. The verification of the general notions is accompanied by periodic cognitive screening that allows to monitor the level of learning achieved and, eventually, to take the necessary corrective measures. The verification of the acquisition of the autonomy of judgment also takes place through seminars, workshops and practical exercises that allow the student to apply the knowledge learned.
The student's communication skills are achieved through the didactic interaction with the teacher who, upon completion of the lesson cycle, will evaluate the candidate's preparation through an oral exam.
The student must demonstrate that he has acquired a basic knowledge of the comparative method and of the fundamental guidelines of the different legal traditions and of their transformation through the different periods of their evolution.
Object of the comparison.
Diachronic and synchronic comparison.
The role of the historical school in Germany.
The contributions of the first comparatists: Montesquieu, Grozio, Leibniz, Vico and Feuerbach.
Relationship between comparative law and philosophy of law.
Objectives of the comparison.
Comparison as an instrument of legal unification.
Ethnological thought and its crisis.
Relationship between comparative law and juridical sociology.
The planetary diffusion of the French civil code.
The exegetical and scientific schools in France.
The Italian codification, and the principles dictated by the Republican Constitution of 1948.
Constitutionally oriented reading of the Civil Code of 1942.
the evolution of Comparative Law after the Paris Congress of 1900.
The plurality of comparative methods: micro and macro comparison.
European law and the challenges of globalization.
The division of legal systems into legal families.
The evolution of Comparative Law in the first second and third periods.
The role of pandettistica and the German codification of 1900.
International public and private law.
The events of the common law in the United Kingdom and in the United States of America.
The principle of binding binding precedent.
Notions of comparative law and its object. Functions, methods and results of the comparison.
Vicissitudes and evolution of the continental juridical systems (teaching hours 8). General principles of so-called Islamic law, an overview of the law
Afro-Asian. The common roots of the experience of Civil law: The model French, the Italian codification, the German model, the law in the post-socialist countries. Common law and Equity in England, the originality
Of the American experience in historical perspective, the diffusion of the U.S. system (teaching hours 30). The evolution of comparative Law, in the I, II, and III period. The causes of failure of direct attempts to found the autonomous science of comparative rights. The structure of legal systems and the determining elements. (Hours of Insegnamento12)
Frontal lessons. Seminars on topics of major scientific interest with special attention to the leading case. Use of cinematography, which is followed by a study in classrooms and a debate with the students.Hospitality of Professors of the scientific-disciplinary sector coming from other Universities, also foreign, that make their specialist contribution.Thematic discussions dealt with by foreign scholars, in particular great attention is dedicated to Law in action, through the examination of important jurisprudential arrests.
F. DE SIMONE, Sistemi giuridici. Principi fondamentali (pp. 15-21; 30-40; Parte Prima capp. II e III; Parte Seconda Capp. I e III; cap. IV pp. 195.197 e pp. 213-222; cap. V e VII . Ed. Liguori, Napoli, 2003.
L. J. COSTANTINESCO, Introduzione al diritto comparato ed. Giappichelli, Torino, 1996 - a cura di A. Procida Mirabelli di Lauro, (da pag. 49 – 155, da 188 - 216 da 218 – 231).