DDRO 25A25 - Comparative Law in a Global Perspective (ONLINE)

The course presents and introduces comparative law in a global perspective, providing students with an overview of the most important legal traditions of the world. The first part focuses on the meaning of comparative law and introduces basic concepts, such as those of legal traditions, legal transplants and legal pluralism, considering legal globalization as one of the most important developments for contemporary legal studies. Part II deals with the core of the Western legal traditions analyzing the Common law & Civil law archetypical divide. It also analyses mixed legal systems, their distinctive traits and growing importance for comparative legal studies. The meaning of democracy and human rights as Western or universal values is also addressed in this part of the course. Part III broadens the course's comparative spectrum to some of the most important non-Western legal traditions (Sub-Saharan, East-Asian, Hindu, Talmudic and Islamic) and questions the possible reconciliation of legal diversity on a global scale. The course will provide students with the opportunities to: Better appreciate how cultural, social and historical factors dialogue and interrelate with the development of legal structures, doctrines, and substantive rules; Approach the study of some of the major legal traditions of the world and grasp their contemporary relevance; Acquire tools for understanding the impact of globalization on legal and political structures and the limits of the State-law paradigm; Enhance argumentative and legal analysis skills via class discussion and exchange.

Valentina VOLPE

Séminaire

English

Autumn 2022-2023

● Class Participation and Group Debate (20%) ● Discussion Paper (30%) ● Comparative Legal Research (50%)