48067 - Asian Countries Law

Academic Year 2016/2017

  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: First cycle degree programme (L) in Asian Languages, Markets and Cultures (cod. 0980)

    Also valid for Single cycle degree programme (LMCU) in Law (cod. 0659)
    Second cycle degree programme (LM) in Local and Global Development (cod. 8785)

Learning outcomes

The course aims at introducing students to the dynamics of the modernisation of the legal systems of non-western countries, that has been taking place through a process of legal transplants from the legal systems belonging to the Western Legal Tradition. Particular attention will be devoted to legal experiences of the East Asian Countries.

Course contents

The classification of legal systems and the centrality of the Western Legal Tradition.

Non-western legal systems:  problems of analysis and classification.

Non-western laws: the traditional substratum and the introduction of western models in the  modern and contemporary era.

East Asian legal systems: the Chinese model as historically dominant model.

Imperialism and the modernization of East Asian legal systems: the first modernization of Chinese and Japanese systems.

Legal modernization and problems of legal translation.

Chinese law and Japanese law in modern times: two models of development.

 

Readings/Bibliography

5 CFU (Students enrolled in the course of Statistical Sciences – COSDI):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 133-228; 299-394; 437-460.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224.

 

6 CFU (Law School students – Degree “specialistica”; Students enrolled in the course COSLI – Political Sciences):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-104; 133-228; 299-394; 437-460.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224


7 CFU (Law School students - Degree "magistrale"):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007.

8 CFU(Students enrolled in the course COSDI – Political Sciences A.Y. 2013/2014):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 69-102 ; 137-165.

9 CFU (Students enrolled in the course Language, Markets and Cultures of Asia – Degree in Foreign Language):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 21-224.

 

10 CFU(Students enrolled in the course COSDI – Political Sciences A.Y. 2011/2012):

AJANI, SERAFINO, TIMOTEO (A CURA DI), Il diritto dell'Asia orientale, Utet, 2007, pp. 1-468.

CAPOZZI, GALLI, LEICHERT, TIMOTEO, Nuove tendenze del business in Cina, Bononia University Press, 2010, pp. 1 -282.

Teaching methods

The course consists of lectures and seminars in which the analysis on the topics of the course will be deepened. The intensity and continuity of the student's participation will be assessed by self-certification.

Assessment methods

The final exam will be done orally, through an interview with the professor and its assistants. The marks are out of 30/30, except for students enrolled in the course COSDI - Statistical Sciences (5 credits), for which marks are a “pass”. 

The oral examination is designed to appreciate the level of understanding and mastery of  the comparative method in the study of East-Asian legal systems. The achievement by the student of an organic vision of the issues addressed, and in particular the ability to capture the dynamic aspects of the legal systems of the East-Asian countries and their processes of modernization, in a comparative perspective, will be evaluated with marks of excellence. The knowledge of the topics covered in the course that is mainly mnemonic and notional and that will lead to an oral colloquium not well supported by  reasoning of synthesis and analysis of the issues, and the using an organic and correct language but not always appropriate, will lead to an average pass outcome; training gaps and / or inappropriate language, albeit in the context of a minimal knowledge of the exam material, will lead to just enough mark; training gaps, inappropriate language, lack of guidance within the texts, will be adversely evaluated. 

In order to sit for the exam, registration through the electronic platform "Almaesami" is required, in compliance with mandatory deadlines (usually 7 days before the date set for the examination). Those who do not succeed with the enrolling by the due date, are required to report promptly (and in any event before the official closing of the registration lists) the problem to the school's secretary office. The professor, evaluated the problem, will decide about the admission to sit for the exam.

The record of the evaluation can be done only on the date set and indicated in Almaesami, following the previous registration.

The course will be held in the first semester and therefore students who have chosen the course in the current year will be able to sit for the exam starting from the month of January.

Office hours

See the website of Marina Timoteo