85502 - GLOBAL JUSTICE

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Climate Action Peace, justice and strong institutions

Academic Year 2018/2019

Learning outcomes

L'obiettivo del corso consiste nell'introdurre gli studenti al dibattito sulla giustizia globale, un tema complesso nel quale si intersecano filosofia del diritto, riflessioni metaetiche e studio delle istituzioni internazionali, e il cui oggetto e' la giustificazione e la critica degli attuali assetti normativi a livello transnazionale, internazionale e globale. The course aims at introducing to the global justice debate, a multifaceted subject lying at the crossroads between philosophy of law, metaethics, and the study of international institutions while focusing on possible justifications, as well as on the shortcomings, of present legal arrangements at the transnational, international and global levels.

Course contents

This module introduces students to the study of “global justice”, and immerses them in specific case studies of national and supra-national legal systems, with the aim of defining the common core of the expression. The course will begin by introducing students to the basics of comparative legal methodology, as the more fitting instrument to approach the subject-matter. Then, it will be discussed the meaning of the two main concepts of the module, “global” and “justice”. The bulk of the module focuses on distinct social, economic and cultural issues, that can be considered as main topics for global justice: environment and development; interculturalism; transitional justice; right of self-determination of peoples; legal pluralism.

Lessons 1 and 2

Introduction to the course. Comparative methodology as an instrument to study global justice.

Suggested readings:

George P. Fletcher,Comparative Lawas a Subversive Discipline, in The American Journal of Comparative Law, Fall, 1998, 46 Am. J. Comp. L. 683, pp. 1-14

N. Jansen, Comparative Law and Comparative Knowledge, in M. Reinmann, R. Zimmermann (eds.), The Oxford Handbook of Comparative Law, OUP, 2006, pp. 306-327

Rodolfo Sacco, Legal Formants: A Dynamic Approach to Comparative Law (Installment I of II), in The American Journal of Comparative Law, Vol. 39, No. 1. (Winter, 1991), pp. 1-34

Lesson 3

What’s “globalization”? Discussion with the students, on the base of the suggested readings, on the meaning of the word “global”, used in the module’s title.

Suggested readings:

James Tully, Jeffrey L. Dunoff, Anthony F. Lang, Jr., Mattias Kumm and Antje Wiener, Introducing global integral constitutionalism, in Global Constitutionalism, 5, 2016, pp 1-15, doi:10.1017/S2045381715000210

A. Von Bogdandy, Globalization and Europe: How to Square Democracy, Globalization, and International Law, in European Journal of International Law(EJIL) 15 (2004) 5, pp. 885-906.

Lesson 4

Which type of “justice”? Approaching the concept from a positivistic and comparative legal perspective (teacher’s slides)

Lesson 5

Cine-forum: Muhammad Ali’s Greatest Fight, by S. Frears, USA, 2013

Lesson 6

Discussion on the movie: aspects of procedural law in constitutional adjudication and features of global justice in the issue of racial and religious discriminations (teacher’s slides)

Lesson 7

Environmental justice: lawsuit simulation by the students, on 2 cases previously assigned by the Professor. (India and Colombia)

Lesson 8

Discussion with the students, on the base of the suggested readings and the extracts of courts’ rulings, about earth jurisprudence, rights of Nature and ecological constitutionalism

Suggested readings:

Domenico Amirante, Environmental Courts in Comparative Perspective: Preliminary Reflections on the National Green Tribunal of India, in 29 Pace Envtl. L. Rev. 441 (2012), pp. 441-469

Christopher D. Stone, Should Trees Have Standing?–Towards Legal Rights for Natural Objects, in Southern California Law Review 45 (1972): 450-501.

Paulo Magalhães, Common home of humanity. Our common home as a legal construction based on science, in S. Bagni (a cura di), Come governare l'ecosistema? - How to govern the ecosystem? - ¿Como gobernar el ecosistema?, Dipartimento di Scienze giuridiche, Università di Bologna, Bologna, 2018, p. 121-140, ISBN 9788898010776, DOI 10.6092/unibo/amsacta/5799

Lesson 9

Intercultural justice: lawsuit simulation by the students, on 2 cases previously assigned by the Professor. (La Cocha and Taromenane)

Lesson 10

Discussion with the students, on the base of the suggested readings and extracts of the courts’ rulings, on the concept of intercultural State

Suggested readings:

Werner Menski, Globalisation and the new utopia of multicultural/intercultural and plurilegal states: Some methodological reminders, in S. Bagni (coord.), Lo Stato interculturale: una nuova eutopia? – The Intercultural State: a New Eutopia? – El Estado intercultural: ¿una nueva eutopía?, Bologna: Dipartimento di Scienze giuridiche, 2017, ISBN 9788898010455, https://amsacta.unibo.it. DOI: http://doi.org/10.6092/unibo/amsacta/5488, pp. 120-143.

Gérard Bouchard, What is Interculturalism, (2011) 56:2 McGill LJ435, pp. 435-468

C. Taylor, Interculturalism or multiculturalism?, inPhilosophy and Social Criticism, 2012, 38(4-5) pp. 413-423

Lesson 11

Transitional justice: lawsuit simulation by the students, on a case previously assigned by the Professor. (Gelman v. Uruguay)

Lesson 12

Discussion with the students, on the base of the suggested readings and the extracts of courts’ rulings, on democratic transitions, crimes against humanity and amnesty laws.

Lesson 13

The right of self-determination of peoples: lawsuit by the students, on a case previously assigned by the Professor. (opinion of the International Court of Justice on Western Sahara)

Lesson 14

Conference with a representative of the Saharan Arab Democratic Republic

Lesson 15

Discussion with the students, on the base of the suggested readings, on sharia courts and legal pluralism.

Suggested readings:

The independent review into the application of sharia law in England and Wales, presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty, February 2018, pp. 1-40

Christopher R. Lepore,Asserting State sovereignty over National Communities of Islam in the United States and Britain: Sharia Courts as a Tool of Muslim Accommodation and Integration, 11 Wash. U. Global Stud. L. Rev. 669 (2012), pp. 669-692.

Readings/Bibliography

1) George P. Fletcher,Comparative Law as a Subversive Discipline, in The American Journal of Comparative Law, Fall, 1998,46 Am. J. Comp. L. 683, pp. 1-14

2) N. Jansen, Comparative Law and Comparative Knowledge, in M. Reinmann, R. Zimmermann (eds.), The Oxford Handbook of Comparative Law, OUP, 2006, pp. 306-327

3) Rodolfo Sacco, Legal Formants: A Dynamic Approach to Comparative Law (Installment I of II), in The American Journal of Comparative Law, Vol. 39, No. 1. (Winter, 1991), pp. 1-34

4) James Tully, Jeffrey L. Dunoff, Anthony F. Lang, Jr., Mattias Kumm and Antje Wiener, Introducing global integral constitutionalism, in Global Constitutionalism, 5, 2016, pp 1-15, doi:10.1017/S2045381715000210

5) A. Von Bogdandy, Globalization and Europe: How to Square Democracy, Globalization, and International Law, in European Journal of International Law(EJIL) 15 (2004) 5, pp. 885-906.

6) Domenico Amirante, Environmental Courts in Comparative Perspective: Preliminary Reflections on the National Green Tribunal of India, in 29 Pace Envtl. L. Rev. 441 (2012), pp. 441-469

7) Christopher D. Stone, Should Trees Have Standing?–Towards Legal Rights for Natural Objects, in Southern California Law Review 45 (1972): 450-501.

8) Paulo Magalhães, Common home of humanity. Our common home as a legal construction based on science, in S. Bagni (a cura di), Come governare l'ecosistema? - How to govern the ecosystem? - ¿Como gobernar el ecosistema?, Dipartimento di Scienze giuridiche, Università di Bologna, Bologna, 2018, p. 121-140, ISBN 9788898010776, DOI 10.6092/unibo/amsacta/5799

9) Werner Menski, Globalisation and the new utopia of multicultural/intercultural and plurilegal states: Some methodological reminders, in S. Bagni (coord.), Lo Stato interculturale: una nuova eutopia? – The Intercultural State: a New Eutopia? – El Estado intercultural: ¿una nueva eutopía?, Bologna: Dipartimento di Scienze giuridiche, 2017, ISBN 9788898010455, https://amsacta.unibo.it. DOI: http://doi.org/10.6092/unibo/amsacta/5488, pp. 120-143.

10) Gérard Bouchard, What is Interculturalism, (2011) 56:2 McGill LJ435, pp. 435-468

11) C. Taylor, Interculturalism or multiculturalism?, inPhilosophy and Social Criticism, 2012, 38(4-5) pp. 413-423

12) The independent review into the application of sharia law in England and Wales, presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty, February 2018, pp. 1-40

13) Christopher R. Lepore, Asserting State sovereignty over National Communities of Islam in the United States and Britain: Sharia Courts as a Tool of Muslim Accommodation and Integration, 11 Wash. U. Global Stud. L. Rev. 669 (2012), pp. 669-692.

All the bibliography and additional materials (sources of law and case-law) will be downloadable from the module’s moodle.

Teaching methods

The module will be a mix of lectures, discussions in class and teamwork by the students. The inspiring principle of the module is Albert Einstein sentence: “Education is not learning of facts, but the training of the mind to think”. So students participation and commitment in the tasks assigned to them during the module will be a fundamental ingredient for the achievement of the result.
Many lessons will be held in the form of a lawsuit simulation: the teacher will give students the factual highlights of one or more cases and will assigned to groups of them the role of justices, prosecutors or barristers. They will have to prepare the case at home (through the study of the constitution of the country involved and of the relevant international law suggested by the teacher) and then simulate the trial in class. The following lesson will be dedicated to the discussion of the main legal points emerged from the simulation, on the base of academic readings suggested by the teacher on each topic and of the reading of the real rulings of the court (in full text or extracts).

Assessment methods

Attending students

Coursework: 30%. The teacher will assign a score from 0 to 10 to the presentation of the case realized by each group during the lessons. The evaluation criteria will be: skills levels on problem solving, originality of the solutions found, critical sense demonstrated during the defense of the case, suitable means of expression, willingness to work in team and respect towards the others.

Each member of the team will be assigned the same score, notwithstanding the part he has played in class.

Final written exam: 70%. During the exam, students will have an hour to write a short essay on one of the topics discussed in class (environment and development; interculturalism; transitional justice; right of self-determination of peoples; legal pluralism), choosing one of the title proposed by the teacher. They will have to demonstrate: 1) to have acquired a sufficient knowledge of the course contents, by applying correctly the concepts learnt in class and from the syllabus readings; to be able to quote coherently authors’ doctrines; 3) to have acquired an adequate legal language; 4) to be able to combine legal or philosophical doctrines and norms or to defend a critical position against a theory discussed in class. The essay will be given a score from 0 to 20.

The final score will result from the sum of the two written proofs. The teacher may give extra-points (in particular the “cum laudem”) for the proactive participation in class.

Non-attending students
Non-attending students will be assessed on the ground of module's bibliography and additional materials available on the teacher’s moodle. Firstly, they will have to pass a multiple choice test, consisting of 30 items on the topics of the first three lessons. Then, only if they get the sufficiency in the multiple choice test (18/30), they will be admitted to the written exam, that will be held in the same day, immediately after the correction of the test. The written exam will be the same as for attending students. The score assigned will be on the base of 30/30. The final score will result from the arithmetic average of the two written proofs.

Teaching tools

On the moodle the teacher will publish all the information about the course: lessons, slides, programs of seminars and other relevant events, useful link to the study of constitutional comparative law, information about events organized by the Italian Section of the Instituto iberoamericano de derecho constitucional and by the Centro studi sull'America Latina.

Links to further information

http://blog.giuri.unibo.it/dpc/

Office hours

See the website of Silvia Bagni