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II semester
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Prof. Marco Guadagni
Prof. Roberto Toniatti |
6 hours/week
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10 weeks
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assessment examination:
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oral
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credits: 8
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PREREQUISITES:
Previous attendance of the course of Comparative legal systems is required.
LEARNING GOALS AND PROGRAMME:
The first part of the course, held by Prof. Guadagni, is meant to introduce
to the knowledge and understanding of the phenomenon of the juridical pluralism
and stratification of law characterizing in particular contemporary African
legal systems,: customary law, shari’ah law, colonial law, contemporary
law. Problems and methods of the interdisciplinary study of law in non
western context. Traditional society and modern society. Administration
of justice. Economic relationships. You compare family. African law and
immigration: problems and perspectives of the juridical pluralism in Italy.
In the part held by prof. Toniatti, the course will provide the ability
of analyse critically the 1997 Sudafrican Constitution in force, having
on the back ground issues of the constitutionalism of Subsaharian Africa.
Attention will be devoted to the solutions regulating the phenomenon of
ethnic, linguistic, territorial, political and juridical pluralism.
STRUCTURE:
Both parts of the course aim to develop the ability to investigate
and to understand the juridical phenomenon within an interdisciplinary
dimension and in non western contexts, since the latter take part to the
phenomenon of circulation of law models. The organization of the course
is therefore structured in lessons and seminars. The final examination,
severed for the two parts of the course, is based, besides the textbooks,
on the work undertaken during the whole semester. Frequency and active
participation of the students is therefore essential, as well as the knowledge
of English and/or French. The course is suitable for individual research
activities and the elaboration of papers.
SUGGESTED READINGS:
For the first part:
- M. GUADAGNI, Il modello pluralista, Giappichelli, Torino
- R. SACCO, ( and others), Il diritto africano, Utet, Torino
For the Constitution of South Afrika:
We adress attending students to the materials in the following websites:
http://www.uni-wuerzburg.de/law/index.html
http://www.law.wits.ac.za/archive.html
http://www.law.wits.ac.za:80/docs.html
http://www.law.wits.ac.za/links/salinks.html
http://www.constitution.org.za
http://www.unisa.ac.za/dept/press/onjourn.html
http://www.gov.za
http://www.sn.apc.org/index.html
Non attending students shall consider the materials in the aforementioned
URLs and further ROMANO ORRÙ, "La Costituzione di tutti: il Sudafrica
dalla segregazione razziale alla democrazia della "rainbow nation", Giappichelli,
Torino, 1998.
