0001121 - GLOBAL LEGAL SYSTEMS AND FUNDAMENTAL RIGHTS

Expected learning outcomes The course aims to provide students with an awareness of the importance of comparative methodology from a theoretical point of view. In addition to analyzing the differences between legal systems and families, we will examine various state legal systems: England, China, South Korea, and Japan, considering their historical and geopolitical contexts, with the aim of highlighting their characteristics, organizational rules, and, above all, their systems for protecting rights. The course traces the pathways of constitutional development in 3 major Asian nations—China, Korea, and Japan. It considers whether constitutionalism in its Western form may be regarded as having universal application far beyond the Western nations and whether it may be argued that there exists a distinctly Asian form of constitutionalism. In a globalized world, where even work has been delocalized, it is important to have knowledge of the “other” legal systems with which the West interacts. Particular attention will be given to China and its role in the governance of international markets, with all the implications this entails, including the adaptation of the Chinese constitutional and economic system to the fundamental principles of impartiality, transparency, and judicial review that a state governed by the rule of law must adhere to. Students are therefore encouraged to develop methodological skills and critical thinking abilities that will be useful for understanding legal systems other than those examined. In this way, they will be able to master legal systems from any legal family. 

The ultimate aim of the course is, in fact, to enable students to become familiar with the legal structure and operating rules of the context in which they will work in the future, whether in the public or private sector, within a Western, Islamic or Asian legal system.

Ability to apply knowledge and understanding

The course aims to provide students with a general knowledge of legal comparison methodologies necessary for understanding legal systems.

In addition to the historical processes and socio-political dynamics that led to the formation and evolution of civil law and common law, as well as the religious sources of legal legitimacy (Islamic law), students will learn about the institutional structures of certain countries and their mechanisms for the protection of rights. 

The course will thus ultimately enable students to acquire a full understanding of various legal phenomena, particularly as a result of historical, cultural and anthropological developments.

They will thereby be able to analyse specific cases with insight, applying the comparative method.

Learning outcomes 

Building on the knowledge acquired, students will be able to pursue an in-depth study of comparative law independently.

They will thus be able to understand legal systems other than those examined, and, through these, the rules governing specific areas. 

Additional learning outcomes

Independence of opinion: - acquire the ability to integrate theoretical knowledge learned using the comparative method, verifying its application to specific cases so as to be able to critically analyze issues relating to foreign legal systems as well as complex situations in study contexts relevant to work and professional purposes. Communication skills: - are able to understand and communicate effectively the elements acquired, applying the comparative method, discussing, with appropriate language, events related to the constitutional organization of ‘other’ countries, different from their own, deeply understanding the underlying legal choices.

Communication skills: - are able to understand and communicate effectively the elements acquired, applying the comparative method, discussing, with appropriate language, events related to the constitutional organization of ‘other’ countries, different from their own, deeply understanding the underlying legal choices