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LAW IN THE AMERICAS

Academic year and teacher
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Versione italiana
Academic year
2019/2020
Teacher
ALESSANDRO SOMMA
Credits
6
Didactic period
Secondo Semestre
SSD
IUS/02

Training objectives

The course deals with some selected topics in North and South American legal tradition. During the current academic year the course is dedicated to the latter.

Principal acquired knowledge: The course aims at expanding students’ awareness of the cultural and political dimension of Latin American legal tradition and will thus concentrate on the following topics: Latin American legal identity; colonialism and post-colonialism; constitutionalism and social rights; protection of indigenous peoples’ rights and transitional justice.
Principal abilities: Students will be able to cope with the main features of Latin American legal tradition and more generally with legal pluralism.

Prerequisites

In order to be admitted to the examination, students must have passed ‘Comparative Legal Systems’. Further requirements are a good knowledge of English, French, Spanish or German.

Course programme

In contrast with current classifications considering the Latin American legal system as a periphery of the Western legal tradition, the course provides an introduction to the first by considering it as an autonomous legal framework.
It focuses on specific aspects witnessing the originality of South American law. First the way Latin America has experienced colonialism and went beyond it to build a personal institutional path. Then the Latin American constitutionalism and its way of combining capitalism with democracy and the way Latin American societies approach multicultural issues and above all indigenous tradition. In this context the course deals with of social justice, judicial review and transitional justice.

Didactic methods

The course is composed of six different seminars. Students will be encouraged to take part to the discussion, present papers and express their thoughts.

Learning assessment procedures

Students will prepare a presentation on topics related to the different seminars and will discuss them in the classroom. Presentations will be reviewed by the professor.

Reference texts

For students attending the course (maximum one absence is allowed):
Lectures’ notes, slides of class presentations and readings provided during the course.

Students who do not attend the course:
L. Stroppiana, Stati Uniti, 2. ed., Bologna 2013 and a study on a topic selected in accordance with the professor.