ECTS - University of Pisa
| Modules | Area | Type | Hours | Teacher(s) | |
| DIRITTO ANGLO-AMERICANO | IUS/21 | LEZIONI | 48 |
|
The student who completes the course successfully will be able to demonstrate a solid knowledge of the main features of common law systems and in particular Anglo-American law. He/she will be able to look critically at the origins and evolution of the Anglo-American systems, facing them both from a theoretical and an empirical point of view. He/she will be able to demonstrate a deep awareness of the English and the North-American legal framework.
The student will be assessed on his/her demonstrated ability to discuss the main course contents using the appropriate terminology. During the oral exam, the student must be able to demonstrate his/her knowledge of the course material and be able to discuss the reading matter thoughtfully and with propriety of expression. In the oral report (for the attending students), the student must demonstrate his/her ability to approach a circumscribed research question and analyze it adequately using legal sources and literature in order to prepare an interesting presentation for all the class.
- Analysis and explanation of comparative law issues;
- Use of legal language and specific language for common law systems;
- Reading and comprehension of American case law and discussion of
The skills will be assessed by debating within the class. Lectures will end with an overall discussion on the topics and the request to the students to express their feelings on the critical elements that the teacher has underlined.
The students will improve his/her awareness of comparative perspectives and the American political and institutional scenario.
The students (attending the course) will improve his/her capacity to make public talks, presentations and manage a public discussion.
The students (attending the course) will develop the capacity to reason, argue by the tests used by the American courts, and manage an academic but also a judicial discussion on topics concerning federalism, executive powers, separation of powers in USA.
- in the oral exam: assessment of the capacity to make links among different topics, problems and questions, even proposing legal and political solution and elaborating hypotheses and scenarios;
- in the oral report: assessment of the capacity to clearly present topics and issues, even raising the attention and the interest of the class.
Students should have an at least sufficient knowledge on general comparative law.
Delivery: face to face
The course aims at giving to the students a knowledge concerning the main features of the Anglo-American law.
For the academic year 2019/2020 it gives some issues concerning the common law that cannot be deeply taught in the general class of comparative legal systems.
In particular the course will take into consideration some differences between UK and the USA as far as the written sources of law are concerned, having regard to statutes, their role in relation to the case-law, how far the judicial precedent is binding. The first part of the course will focus on the role of case-law, legislation, and law schools. The second part of the course will focus on the Constitutional American Law, discussing the evolution of the system of government and the transformations of federalism in the USA.
U. Mattei - E. Ariano, Il modello di common law, Torino, Giappichelli, 2018-ultima edizione
Attending students will receive by the teacher cases and material during the course.
- oral exam
- written presentations
- papers
- oral reports
