Administrative Assistant: Rossella Corridori
(attendance might be limited on a first come-first served basis)
Session I (February, 1st 2016, h. 15-17, Sala Europa)
Session II (February 1st 2016, h. 17.15-19.15, Sala Europa)
Session III (February 2nd 2016, h. 15-17, Sala Europa)
Session IV (February 3rd 2016, h. 15-17, Sala Triaria)
Session V (February 3rd 2016, h. 17.15-19.15, Sala Triaria)
List of Sessions and Guest Speakers
- Hon. US Supreme Court Justice Ruth Bader Ginsburg: the Use of Comparative Law in Adjudication
- What is comparative law? Why to compare? Prof. Mary Anne Case, University of Chicago
- Legal families and classifications, Prof. Mathias Möschel, Central European University
- The possibility of legal transplants
- The Rise of Comparative Constitutional Law and its Relevance to the Social Sciences– Prof. Joseph Weiler
Session I will feature Justice Ginsburg, of the US Supreme Court. The topic will be the use of comparative law in adjudications: do judges rely on foreign decisions? What is the influence of the most authoritative courts? How do judges deal with different legal traditions and how do they overcome the cultural differences that might hinder legal transplants?
Session II will feature Prof. Mary Anne Case, University of Chicago and Fernand Braudel at the EUI Law Department aims to clarify the very concept of comparative law. Albeit there is no universal definition of comparative law, the meaning of it is usually understood as the exercise to compare legal institutions from different jurisdictions. Moreover, this session aims to understand the purpose of this exercise: why should scholar engage in the exercise of comparative law? What is the added value of comparison?
Session III will feature Prof. Mathias Moschel from Central European University and will reflect on the notions of legal families, traditions and classifications. The purpose of this session is to clarify the main taxonomies of comparative law and the classification of legal families, but to assess the accuracy and/or usefulness of such taxonomies.
Session IV addresses the difficult topic of legal transplants. Very often, scholars engage in the study of foreign jurisdictions for normative purposes and inspiration, yet without an adequate understanding of the differences between legal systems and cultures. This may hinder the possibility of adopting foreign models and even produce outcomes that are far from those wished for.
Session V will be taught by Prof. Joseph Weiler, President of the EUI and will look at the interrelation between social sciences and comparative law and to the relevance of the concept of legal culture.
A link to the online registration form will be available here on 9 November 2015 and will remain open until 27 November 2015.