Learning objectives
By the end of this course the students should be able to:
- understand the ways in which Roman law has become a unifying element of the European legal traditions.
- know the way in which Roman jurists operated
- apply the methodology of the Roman jurists in the solution of controversies
VISITING PROFESSOR:
Upon completion of this unit, students are expected to have a better understanding of the basic characteristics of Japanese law, its structure, sources and the way it operates.
Prerequisites
None.
Course unit content
Over the centuries Roman law has played an important role in the creation of the idea of a common legal European culture.
Roman law was mainly developed by professional jurists and became highly sophisticated. The soundness of its reasoning made it attractive to professional lawyers through the ages.
The course aims at exploring the role of Roman law as a unifying element of European legal traditions.
Judicial cases and legal problems will be addressed in which the role of law in terms of justice will emerge with particular clarity.
VISITING PROFESSOR:
1. Origins and Early History of Japanese Law (2 hours) 2. The Meiji Restoration and the Japanese Reception of European Civil Law (2 hours) 3. Contemporary Japanese Law and Legal Culture (2 hours)
Full programme
VISITING PROFESSOR:
The legal system of Japan, similar to other Asian legal systems, is a composite structure influenced by Chinese legal traditions, European civil law, and Anglo-American common law. The cornerstone of this system is the Constitution along with the five principal Codes: civil, civil procedure, criminal, criminal procedure, and commercial. This unit aims to provide students with a basic knowledge of the Japanese legal system in its historical, social and political context, specifically focusing on the ongoing influence of European legal traditions on its development.
Bibliography
Peter Stein, “Roman Law in European History”, Cambridge University Press, 1999 (130 pages).
Some resources will be uploaded online on Elly platform.
VISITING PROFESSOR:
Reading materials will be provided. Reference books and other sources will be included in the handouts delivered to the students.
Teaching methods
The course will be delivered through a combination of lectures and seminars, trying to encourage the students to participate in the discussion.
VISITING PROFESSOR:
The teaching of this unit will take the form of formal lecturing and class discussions. The instructor will provide an overview of a range of themes, clarify key points relating to the topics under consideration and comment on important issues. Students will be encouraged to share their ideas and develop their own insights and arguments.
Assessment methods and criteria
The achievement of the educational targets will be verified through an oral test to be held after the conclusion of the course which will consist of at least 3 questions on different topics (each answer will be assigned a score from 0 to 10, with increasing merit value). For the purposes of the evaluation, importance will be given to the correct and effective presentation of the contents in appropriate technical terms and to the quality of the legal reasoning. The final positive mark, deriving from the sum of the results achieved in the answers, will be expressed on a scale of evaluation out of thirty (from 18 to 30).
VISITING PROFESSOR:
Assessment for this unit will be based on class attendance and participation and an oral test
Other information
