98238 - LA GIUSTIZIA NELLE SOCIETA' CONTEMPORANEE

Learning outcomes

The Course is designed to introduce students to the main concepts that characterize the role of judges and public prosecutors, the organization of judicial power, the alternative models for disputes management. More specifically, it aims at providing the knowledge necessary to promote critical thinking about:

- the fundamental principles affecting the role of judges and prosecutors in States with democratic and liberal tradition

- the historical development of judicial institutions in Italy and the interplay between the judicial power and the institutional context

- the need for effective and efficient justice systems; the ongoing reforms and challenges in the justice sector

- the potentiality of mediation and other Alternative Dispute Resolutions (ADR)

Course contents

The Course will focus on four main topics: 1) the judicial and prosecutorial function; 2) independence and accountability of judges and prosecutors; 3) the delivery of justice and the essential conditions for judges to effectively and efficiently serve society; 4) beyond the role of the judge, the alternative tools for disputes management: mediation and negotiation. The last topic will be dealt with by a professional mediator.

 

More in details, the Course will analyse the main characteristics of judicial power in States with democratic and liberal tradition. Particular attention will be devoted to: civil law and common law legal traditions; the essential balance between independence and accountability; the interplay between the judiciary and the institutional context; the quality of justice and the need for effective and efficient justice systems. At the end of the Course students will develop critical thinking skills, in particular: to analyse case studies concerning the organization and the functioning of judicial and prosecutorial institutions; to evaluate the impact of specific national reforms on the fundamental values concerning the role of judges and prosecutors.

 

Moreover, the Course will focus on alternative tools for disputes management, such as mediation, negotiation, restorative justice, which have proved very successful in certain areas of civil law. Judicial function, which is crucial to establish and uphold the rule of law, needs to be complemented with alternative disputes management tools which exploit different and innovative opportunities to settle conflicts. Such tools can have a positive impact on social environment, from school to family life and working context. In the last five lessons a professional mediator will discuss some case-studies concerning different contexts and analyse the way in which the mediator can approach them to reach a friendly settlement. Students will be also taught some mediation techniques that are at the basis of most ADR procedures.

The course will be supplemented with the analysis of case studies, reform bills, research reports and empirical data.

Readings/Bibliography

Daniela Cavallini - Paolo Biavati - Renzo Orlandi, Assetti della giustizia civile e penale, il Mulino, Bologna, 2016

 

F. Contini, La qualità della giustizia: dal conflitto al dialogo (virtuale.unibo.it)

 

Giovanni Cosi, L'accordo e la decisione. Modelli culturali di gestione dei conflitti, UTET, Milano 2017 (solo i capitoli 3, 5, 6, 7, 8, fino a pagina 217) (virtuale.unibo)

 

Roger Fisher - William Ury - Bruce Patton, L’arte del negoziato, Corbaccio, 2019 (solo i capitoli 1, 2, 3, 4 e 5)

 

Ana Uzqueda, Le liti tra privati, in P. Gianniti (a cura di), Processo civile e soluzione alternativa delle liti. Verso un sistema di giustizia integrato, Aracne ed., 2006 (virtuale.unibo)

Teaching methods

The course takes place during a semester and it is divided into two parts. Students can attend the lectures both online and in the classroom. Seminars will be organized as well, with the participation of distinguished experts and scholars.

Assessment methods

1) Written tests. Students attending the course are given the possibility to take a midterm test (on April, 2022, the 4th) and a final test (on May, 2022, the 20th) 

 

2) Written paper. Students attending the course are given the possibility to write a paper on a specific topic agreed with the teacher.

 

3) Oral exam 

Teaching tools

Slides and further documents may be used during the course to analyse specific subjects. They will be available in the virtual space of the course.

Office hours

See the website of Daniela Cavallini

See the website of Ana Maria Uzqueda