48067 - Law Of Asian Countries

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 will take place through lectures.

During the lectures the student will be asked to participate to the discussion through case studies, mock trials and detailed study of specific topics.

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.

Only students that are regularly enrolled, that payd all the due university taxes, that have already sitted the necessary exams will be able to sit for the examinations. Under no circumstances it will be possible to sit the exmination and proceed with the registration not simultaneousely.

Thesis

For the purposes of assigning a Bachelor’s degree project in Law of the Asian Countries, the knowledge of at least one foreign language is required. The level of the foreign language will be verified through a preliminary interview. Interested students are therefore invited to contact the teacher or Dr. Angela Carpi to agree on the date on which the colloquium is to be held.
Once the subject of the dissertation has been identified and approved by the teacher, the students will have to periodically inform the rapporteur on the state of progress of the work, according to a work program agreed upon. Once the thesis is completed and the teacher's permission is received, the students will be able to proceed with the secretarial delivery within institutionally established terms.

Where strictly necessary, the correlation request must be discussed and agreed with the teacher, who will eventually contact the chosen teacher for correlation.

Teaching tools

During the course, experts are invited to hold lectures.

Office hours

See the website of Marina Timoteo