0001062 - Understanding the Concept of Law in the Legal Cultures of Africa and Asia

insegnamento

ID:

0001062

Durata (ore):

36

CFU:

SSD:

DIRITTO PRIVATO COMPARATO

Sede:

UNIVERSITÀ DEGLI STUDI DI NAPOLI "L'ORIENTALE"

Url:

Dettaglio Insegnamento:

Lingue e culture dell'Asia e dell'Africa/Humanities of Contemporary Africa and Asia Anno: 2

Anno:

2026

Periodo di attività

Secondo Semestre (22/02/2027 - 28/05/2027)

Obiettivi Formativi

Learning Outcomes

Knowledge and understanding

By the end of the course, students will have acquired knowledge of the major legal systems of Asia and Africa as well as of the theoretical foundations of comparative law and legal pluralism. They will understand law as a dynamic phenomenon shaped by the interaction between state law, religious norms, customary practices, social realities, and political contexts, and will be able to analyze the development of the principal non-Western legal traditions.

Applying knowledge and understanding

Students will be able to apply the methodological tools of comparative law to the analysis of legal institutions and normative phenomena across different legal traditions. They will be able to interpret the formation and transformation of legal systems by assessing the role of legal pluralism, the circulation of legal models, colonialism, and political change in their development.

Making judgements

Students will develop the ability to critically evaluate the relationship between law, society, culture, and politics in Asian and African contexts, moving beyond an exclusively state-centered understanding of law and recognizing the plurality of normative orders and forms of social regulation.

Communication skills

Students will be able to use the terminology of comparative law accurately and to present legal issues clearly and effectively, employing appropriate legal language in both oral and written contexts.

Learning skills

Students will acquire the methodological tools necessary for the independent study of non-Western legal systems and will develop comparative analytical skills applicable to legal issues arising in intercultural and international contexts.

Prerequisiti

No prior legal knowledge is required. However, a basic understanding of the contemporary history of Asia and Africa and an interest in approaching law as a historical, cultural, and social phenomenon from a comparative and interdisciplinary perspective are recommended.

Metodi didattici

The course is primarily based on lectures designed to provide students with the theoretical and methodological tools necessary to understand the legal systems of Asia and Africa and the main issues addressed by comparative law.

Lectures may be complemented by the analysis and discussion of case law, legislation, and other relevant materials, with the aim of applying theoretical concepts to concrete legal issues and fostering students' critical and comparative analytical skills.

Where appropriate, excerpts from legislation, judicial decisions, and other primary legal sources will be analysed and discussed in class from a comparative perspective.

Verifica Apprendimento

The exam is oral and in English.

The student must answer at least 3 questions aimed at ascertaining the understanding of the legal institutions studied and the ability to think critically.

POSSIBLE GRADING CRITERIA

Assessment is expressed on a 30-point scale.

18–21: The student has acquired the fundamental concepts of the subject.

22–25: The student has acquired the fundamental concepts of the subject and demonstrates the ability to establish connections between the various legal institutions, using appropriate and accurate terminology.

26–29: The student demonstrates a comprehensive and well-structured knowledge of the subject. They show the ability to independently elaborate on the knowledge acquired and demonstrate analytical skills, using precise and appropriate legal language.

30–30 with honours (cum laude): The student demonstrates a comprehensive and in-depth knowledge of the subject. They exhibit excellent analytical skills in addressing practical legal issues, combined with exemplary use of legal terminology.

Testi

Werner Menski, Comparative law in a global context. The legal systems of Asia and Africa, Second edition, Cambridge University Press 2006, chapters 4-7

Contenuti

The course introduces students to the comparative study of legal systems in Asia and Africa by exploring the concept of law in the major legal traditions. Following an introductory discussion of comparative legal methodology and legal pluralism, the course examines the main features of Hindu, Islamic, Chinese, and African legal systems, with particular attention to their sources, underlying principles, and historical development.

Special emphasis is placed on the interaction between different legal traditions, the circulation of legal models, and the impact of colonialism, political transformations, and the major political ideologies of the twentieth and early twenty-first centuries on the development of Asian and African legal systems. The course also explores the dialogue between different legal systems, the relationship between state law and non-state normative orders, and the role of legal pluralism in contemporary societies.

Adopting a comparative and interdisciplinary perspective, the course provides students with the conceptual tools needed to understand the complexity of legal systems In Asia and Africa and the dynamics shaping the evolution of law in a global context.