Scheda programma d'esame
DIRITTO ANGLO-AMERICANO
PAOLO PASSAGLIA
Anno accademico2017/18
CdSGIURISPRUDENZA
Codice392NN
CFU6
PeriodoSecondo semestre
LinguaItaliano

ModuliSettore/iTipoOreDocente/i
DIRITTO ANGLO-AMERICANOIUS/21LEZIONI48
PAOLO PASSAGLIA unimap
ELETTRA STRADELLA unimap
Programma non disponibile nella lingua selezionata
Learning outcomes
Knowledge

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, and the attending students will be especially aware of two main topics concerning the abolition of the death penalty in the Anglo-American context and the protection of the freedom of expression.

Assessment criteria of knowledge

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.

Methods:

  • Final oral exam
  • Oral report
Skills

- 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

Assessment criteria of skills

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.

Behaviors

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 fundamental rights and freedoms.

Assessment criteria of behaviors

- 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.

Prerequisites

Students should have an at least sufficient knowledge on general comparative law.

Teaching methods

Delivery: face to face

Learning activities:

  • attending lectures
  • participation in seminar
  • preparation of oral/written report
  • participation in discussions
  • individual study

Attendance: Advised

Teaching methods:

  • Lectures
  • Seminars
  • Use of multimedia instruments (above all videos)
  • project work
Syllabus

The course aims at giving to the students a knowledge concerning the main features of the Anglo-American law.

For the academic year 2017/2018 it focuses in particular on two main topics, that will be investigated by a case-by-case analysis, after a starting introduction on the general features of the matter.

The first module of the course deals with the abolition of death penalty in different common law countries, namely in the United Kingdom and in Canada, and with the selective abolition in the United States. The abolition of the punishment is examined taking into account the legislative history of the abolition and the landmark cases that characterize the United States, in particular with regard to the evolution of Federal Supreme Court’s case-law.

Death penalty (and its abolition) is analyzed as a crucial issue in the relationships between the political and the judicial branch, therefore the course focuses also on the social and political context in which the abolition was passed (or was rejected).

The second module of the course concerns the protection of freedom of expression in the USA. After a general introduction on the First Amendment by the reading of some of the most important Authors that have studied its significance, the course takes into consideration some cases concerning the freedom of expression, with special focuses on:

  • hate speech
  • freedom of expression and the Internet
  • symbolic speech (flag-burning and cross-burning cases)
  • political and electioneering communication

All the cases will be investigated both by reading and by commenting them in the class, and by specific presentations and oral reports given by the students.

Bibliography

In order to take the exam, the following textbook is recommended: Eileen Servidio-Delabre, The Legal System of a Common Law Country, 2nd edition, Paris, Dalloz, 2014 (the textbook is available on the main e-commerce platforms).

Attending students will receive by the teacher cases and material during the course.

Assessment methods

- oral exam

- written presentations

- papers

- oral reports

Ultimo aggiornamento 13/07/2017 14:35