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    Isabella MARTONE

    Insegnamento di THEORY OF REGULATION IN A GLOBALIZED WORLD

    Corso di laurea magistrale in RELAZIONI E ORGANIZZAZIONI INTERNAZIONALI

    SSD: IUS/01

    CFU: 8,00

    ORE PER UNITÀ DIDATTICA: 48,00

    Periodo di Erogazione: Primo Semestre

    Italiano

    Lingua di insegnamento

    INGLESE

    English

    Teaching language

    English

    Contents

    Globalisation led to the emergence of global and transnational law. It poses new problems on the social, economic and global levels and has urged international decision-makers to adopt a uniform legal framework to regulate the new social structures.
    Technological development plays a central role in this context and requires a closer examination of the concept of legal subjectivity.

    Textbook and course materials

    P. Sirena, Introduction to private law, 3ª ed., Bologna, 2021;
    A.M. Gambino e A. Stazi, Contract Automation from Telematic Agreements to Smart Contracts, Italian Law Journal, 1/2021, p. 97 ss.;
    S. Landini, The Insurance Perspective on Prevention and Compensation Issues Relating to Damage Caused by Machines, Italian Law Journal, 1/2020, p. 137 ss.;
    R. de Caria, Blockchain and Smart Contracts: Legal Issues and Regulatory Responses Between Public and Private Economic Law, Italian Law Journal, 1/2020, p. 363 ss.;
    M. Monterossi, Algorithmic Decisions and Transparency: Designing Remedies in View of the Principle of Accountability, Italian Law Journal, 2/2019 p. 711 ss.;
    E. Giorgini, Algorythms and Law, Italian Law Journal, 1/2019 p. 131 ss.;
    G. Teubner, Digital Personhood? The Status of Autonomous Software Agents in Private Law, in Ancilla Juris, 2018, p. 1 ss.;
    G. Teubner , Rights of non‐humans? Electronic agents and animals as new actors in politics and law, in Journal of Law and Society, 2006, p. 497 ss.

    Further articles on specifical research issues will be provided to the students (see ‘Evaluation method’ section).

    Course objectives

    Knowledge and understanding skills. The student must have a good knowledge of the topics indicated in the program; must also have the ability to understand the subject, with regard both to the institutes analyzed both to the principles and rules that govern the current law system. Most important: student will also have to show how to develop own and original ideas.

    Knowledge and understanding skills applied. The student must demonstrate the ability to interpret and apply their knowledge, skills and understanding skills in seeking solutions to problems related to civil law. The student will be able to apply the rules law to concrete and specific contexts by identifying, interpreting and applying the norms which, from time to time, contribute to characterizing the concrete case. In this context, the student must have the ability to draft legal documents in court and out-of-court contexts.

    Judgment autonomy. The student must be able to interpret the rules of current legal system.

    Communicative Skills. Ability to communicate his / her knowledge in a clear and unambiguous way, to express his / her own considerations and conclusions also in the case of working-class debates that may arise during frontal lessons. The student has to be able to expose the acquired knowledge with arguing consistency.

    Ability to learn. The student has to develop the ability to understand the complexity of the legal phenomenon as well as the learning skills that will enable him to continue studying algorthmic law in an autonomous and conscious manner.

    Prerequisites

    The course presupposes knowledge of the fundamental concepts and rules of private law.A thorough knowledge of private international law and public law is also required.

    Teaching methods

    Lectures and ‘flipped’ classes. The course’s 48-hours are developed interactively: students will be expected to do all the reading assignments and come to class prepared to discuss them.

    Evaluation methods

    Students will be assessed on the basis of (2) written and (1) oral assessments.
    The overall mark will result from the weighted average obtained at the various assessments, as follows:

    1) Final written exam: 50% of final mark;
    2) Oral assessment: 25% of final mark;
    3) Final essay: 25% of final mark.

    The final written exam will consist in 4 open questions drawing on the course programme.The oral exam will focus on students’ reading of the course materials.The final essay – around 12,000 words long – will be assigned at the beginning of the course.It will consist in the discussion of one topic to be chosen from a list ofresearch themes set by the lecturer at the beginning of the course.

    Other information

    The course requires advanced knowledge of the English language.

    Course Syllabus

    Knowledge of each of the suggested essays is equivalent to 3 credits. Knowledge of the contents of P. Sirena, Introduction to private law, 3rd ed., Bologna, 2021 is equivalent to 5 credits.

     

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