LEGAL CULTURES

This course is aimed to look at legal issues from a cross-cultural, comparative and pluralistic perspective. The course will comprise both a theoretical explanation of the field and its historical evolution, but will largely focus on contemporary and highly debated themes like legal pluralism, dispute resolution and access to justice, human rights, cultural defence. Notions like “law”, “justice”, “sanction”, etc. will be analysed in context, to show students that the idea of law as merely legal order imposed from the State could be limiting if not misleading.

The course is designed to provide students with the knowledge and tools to understand contemporary legal problems in a multi-layered and culturally sensitive way. The course will begin by a theoretical introduction of the field, teaching basic conceptual notions and providing the students with the elementary methodological tools. Then, based upon a selection of readings, the course intends to help students develop argumentation skills. Students should be able to discuss various topics (human rights, respect of cultures, etc.) under a technical perspective, using legal reasoning and being able to argument objectively.

This course has no pre-requirements

The course aims first of all to introduce basic notions of law as such, in a comparative perspective: how the system of sources works (for example, the fact that laws must comply with the Constitution), the basic characteristics of the various "legal families" (European-Continental, Common Law, Islamic law, socialist countries, etc.), the problem of "legal transplants" (i.e. the transposition of institutions and laws born in a certain system that are adopted or imposed in other countries), pluralism legal (and in particular the coexistence and conflict between state, customary, religious and international law), the main methodologies of comparative law.
The course then delves into some specific topics, such as:
- the debate on human rights: truly universal or a product of the West?
- the use of "cultural defense" in the trial: for example, can illegal conduct that is motivated by a religious practice be forgiven, or at least subject to mitigating circumstances?

Due to the peculiar nature of the seminar, there is no need of a general textbook for students. Lessons will be based on readings that will be distributed to students in advance.

Written test composed of short open-ended questions based on the content of the lessons and the materials distributed.

In person lectures. The course will also entail instructor-administered debates among students.

Italian

written

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development