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Third term seminars

Intensive Courses


Qualitative Methods for Socio-Legal Inquiry

Nehal BHUTAClaire KILPATRICK & Toby KELLY (Edinburgh)

24-28 April 2017, Sala degli Anelli

Monday 24 April, 9:30 – 16:00
Tuesday 25 April, 9:30 – 16:00
Wednesday 26 April, 9:30 – 13:00
Thursday 27 April, 9:30 – 16:00
Friday 28 April, 9.30 – 13.00

Registration code: LAW-DS-LAWSOC-16

Administrative Assistant: Rossella Corridori

6 credits

This is a five-day intensive course to give PhD researchers instruction in research design and methodology for socio-legal research. The course will take place over 5 working days. Materials will be made available well in advance. The aim of the course is to equip those students whose projects require socio-legal methods a “deep-dive” into relevant approaches and to provide a foundation for additional self-learning. It will begin by situating Qualitative Legal Methods within socio-legal research and legal research. Different genres of socio-legal thought in anthropology, sociology and political science will be introduced and we will consider the utility of using these methods. Exemplary uses of qualitative legal methods will be considered, compared and assessed. Participants will also carry out some field-work, consider key issues in design and implementation, reflect on these matters in relation to their own projects and discuss how to go about using qualitative legal methods in their own work.

Overview of US Copyright Law: General Principles and Recent Developments

Jane C. GINSBURG (Columbia Law School)

5-9 June 2017, 10.00 - 13.00,  Sala del Torrino

Registration code: LAW-DS-COPRIG-16

Administrative Assistant: Olga Lupu

3 credits

Syllabus

Islamic Law Seminar

Christie S. WARREN

15, 16 May, 9.00-12.00, Sala del Camino and 17 May, 9.00-12.00, Sala dei Levrieri

Registration code: LAW-DS-INTISL-16  

Administrative Assistant: Rossella Corridori

3 credits

What is Shari’ah and how does it work? Misunderstood by many, erroneously interpreted by some to promote their own agendas, Shari’ah, or Islamic law, is one of the oldest existing legal traditions and an intrinsic part of the fastest-growing religion in the world today. Unlike other legal traditions, Islamic law is not an independent branch of knowledge or learning; it is only one of the facets of Islam itself. However, lawyers trained in other legal systems will find many familiar themes and rules of interpretation in the Islamic legal system; Islamic law is far more approachable than Western lawyers often believe. For lawyers interested in international careers, a strong foundation in Islamic law and the ability to carry out objective Islamic legal research can facilitate employment opportunities.

Over the course of this semester, we will study the basic essential features of Islamic jurisprudence, including the sources of law, rules of interpretation and schools of thought. We will then move on to examine some of the topics of current interest that intersect Islamic law, including the question of compatibility of Shari’ah and democracy, constitutionalism and state law; the role of women; Islamic criminal law and procedure; terrorism and jihad; the different roles Shari’ah plays in different countries, and the future of Islamic law.

Texts

Readings will be taken from Mohammad Hashim Kamali, Shari’ah Law: An Introduction and supplemented with other readings.

Post-Conflict Justice and the Rule of Law

Christie S. WARREN

8, 9, 10 May, 9.00-12.00, Sala degli Anelli

Registration code: LAW-DS-POSTCO-16 

Administrative Assistant: Rossella Corridori

3 credits

How can a country be put back together again following conflict, and who should be involved in the process? What are the essential building blocks of post-conflict reconstruction, and how should they be sequenced? If the Rule of Law is a critical component of reconstruction efforts, why is it so difficult to institutionalize? Policymakers, international lawyers and field practitioners now understand that creating an environment in which the Rule of Law can serve as a framework for peace, security and economic development requires more than simply strengthening legal institutions and training justice sector personnel. More complex issues such as political and cultural considerations that impact a society’s commitment to values associated with the Rule of Law must also be addressed.

In this short seminar, we will explore a number of issues relating to post-conflict reconstruction and the Rule of Law – from abstract and theoretical questions such as whether becoming involved in the laws and institutions of another country constitutes a form of imperialism – to legal frameworks governing international intervention and development and post-conflict constitution-building – to specific concrete steps required during post-conflict reconstruction.

Issues we will study will span the work of tribunals, truth commissions and local mechanisms to deal with violence and criminal acts; constitutional development; judicial reform and independence; transparency and corruption; security issues; problems facing displaced groups of people, and the role of civil society in establishing sustainable justice and development. Through readings, case studies, films and a guest speaker we will examine and critique specific examples of nation-building efforts undertaken by the United States and the international community.

Learning Outcomes

At the conclusion of the course, you should have an understanding of the legal frameworks that govern international intervention and reconstruction efforts as well as the level of success of various reconstruction strategies used during past conflicts. This will help you predict appropriate strategies that may be used in current and future conflicts (for example, in Syria) and their likelihood of success.

Texts
Readings will be provided in class and will generally be taken from Can Might Make Rights? Building the Rule of Law after Military Interventions by Jane Stromseth. Other readings will also be provided.

First Term Seminars

Page last updated on 18 August 2017

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