ECTS - University of Pisa
| Modules | Area | Type | Hours | Teacher(s) | |
| DIRITTO ANGLO-AMERICANO | IUS/21 | LEZIONI | 48 |
|
Il corso viene tenuto in inglese. Per gli argomenti del corso, i libri di testo e le modalità di verifica delle conoscenze si prega di consultare la pagina in inglese.
The course - which is held in ENGLISH only - aims at providing a basic introduction to the main features of the common law tradition in England and the USA. IT will address differences and analogies in legal reasoning and in some of the most relevant constitutional principles and ideas. Main arguments include The idea of the constitution in the English and American tradition, the use of precedents; the different sources of law, and the methods of legal interpretation in the common law experience.
Exams are oral. During the exam, the student should demonstrate knowledge of the materials which have been discussed and thoroughly analised during the course . At the same time, students should demonstrate proper use of legal terminology and the ability to discuss and apply legal precedents and sources of law of the common law.
- Analysis and explanation of comparative law issues;
- Use of legal language and specific language for common law systems;
- Reading and comprehension of American and English case law
During the course, cases and legal scholarship materials will be provided and discussed together with the students. Attendance of the course is therefore highly recommended.
Students should have at least a sufficient knowledge of general comparative law. I recommend that they have already taken the exam of Sistemi giuridici comparati. At the same time a good knowledge of the English language is highly recommended.
Delivery: face to face
The course aims at giving students a general introduction to the main features of the the common law in the English and american experience.
It addresses topics which could not be thouroughly discussed and studied within the course of Sistemi giuridici comparati.
For both attending and not-attending students:
I recommend the study of the following books:
P. Leyland, The Constitution of the United Kingdom. A contextual analysis, Fourth Edition, Hart Publishing, 2021 (chapters 1,2,3,7 and 9)
M. Tushnet, The Constitution of the United States of America. A Contextual Analysis, Hart Publishing, 2015 (chapters 1, 4, 7)
(pay attention to the editions! make sure that you are referring to the latest ones!)
The books can be bought on the Hart Publishing website and are available either in print or e-pub format. Kindle versions available on e-commerce platforms are not updated to the latest editions!)
- oral exam
- written presentations
- papers
- oral reports
