Legal Systems and Legal Orders. Prof. Massimo Papa
This course looks at Comparative Law in the broadest sense possible by providing an overview of
the role of Law and its evolution in different legal systems, secular as well as religious. The course
will begin with the question: What is comparative law? The answer to this question will largely
reflect the world view of the questioner. Comparative law has been used for many different
purposes and some of these will be explored. The aim of this course is to assist us in situating our
own legal system within the broader global framework and to allow us to be self aware and self
critical and perhaps moderate our own views about what the ‘rule of law’ can do on a global scale
and how “law” is perceived given an individual or groups world view as modeled by history and
circumstance. Is there a divergence among legal systems? Is there a convergence taking place as a
result of increasing transnational linkages and economic interdependence? How has the discipline
of comparative law changed in response to globalization? What role does comparative law play in
the workings of international organizations? What role should it play in global management?
What does the study of religious legal systems teach us about the secular legal traditions and vice
versa? What does the study of religion or moral codes tell us about attitudes in different societies
towards law?
Part I: Perspectives on Comparative Law and its Application in the 21 st Century
A. Introduction to Comparative Law
What do we compare, how and why? Fundamental Issues of Method in Comparative Law.
Problems of classification of Legal Systems.
B. Comparative Law and Colonialism, Culture and Development
C. Circulation of models and Legal Tansplants. Laws and languages.
Part II.
“Secular” Law and “Religious” Law: Exploring Diverse World Views through study of
the “Law” and its role
D. Western Legal Traditions: Civil and Common Law
E. Islamic Law (Shi’a and Sunni Traditions)
F. Chinese Law
G. Hindu Law
H. Part III. Practical approach: cases and materials
Texts of reference:
1. Ugo Mattei, Teemu Ruskola, and Antonio Gidi, Schelsinger’s Comparative Law (Cases, Text,
Materials)—7th Edition (Foundation Press)
2. Joseph Schacht, An Introduction to Islamic Law.
 Specific Materials posted on personal Professor's website to be printed by the students.
I. Unpublished written materials by Professor
Legal Systems and Legal Orders: Roman Foundations of Legal Systems – Prof. Riccardo Cardilli
The course will provide an introduction to the legal systems of the world today. The legal systems
are generally based on one of three basic systems: civil law, common law, and religious law – or
combinations of these. However, the legal system of each country is shaped by its unique history
and so incorporates individual variations. To understand the interactions between the legal
systems and the infra relations between legal systems and legal orders, comparative law is
necessary. Comparative law is the study of differences and similarities between different
countries. More specifically, it involves study of the different legal systems in existence in the
world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese
law. From an historical point of view enormous importance has the Roman law as foundation of
the civilian tradition and bases of modern civil codes. In the most recent times the process of the
European integration and of making uniform European legal system largely renewed the interest
in ius commune as a predecessor of this process in itself, whereby Roman legal tradition, as a
common denominator of the European legal culture, became an important factor in the formation
of contemporary European identity.
R. Zimmermann, Roman Law, Contemporary Law, European Law. The Civilian Tradition Today,
Oxford, 2001 (selected chapters)
Further readings, and a selection of case to be discussed during classes will be available in the
Syllabus.
Legal Systems and Legal Orders : Comparative Constitutional Law- Dr Andrea Buratti
The Course aims at providing students essential knowledge of Constitutional Law’s general
categories. Two main areas of the course are as follows:
- Concept of Modern Constitutionalism, its theoretical roots and its legal institutions;
- Government and Institutions in Western Countries Constitutions, and in other areas of The
World.
Didactical Method is based upon the analyses of materials and classes prepared by Professor, as
well as upon the study of Documents, Jurisprudence, Constitutional Texts and Case-law Studies.
Concepts and Expertise given by the Course will develop student’s legal knowledge, and will
provide them with the skill to grasp other legal issues.
The Aim of the Course is also to improve student’s ability to use methods of comparative analyses
in Constitutional Law.
The Course asks students to learn a Legal Lexicon. Students will have the possibility to have an
open and interactive exchange of views with the Professor, and will be required to read
documents and legal materials to be discussed together with the Professor and other Colleagues.
Theoretical Roots of Modern Constitutionalism
English Constitutionalism
The Rise of Constitutionalism in the Age of Revolutions
American Constitution
Constitution and State in XIXth Century
European Constitutions in Post-Second World War
Expansion of Western Constitutionalism
Latin-american Constitutionalism
Open Constitutional State