Corsi di Studio del Dipartimento di Giurisprudenza

Law and development (il corso tace per l'a.a. 2011-2012)

Anno accademico 2011/2012

Sommario insegnamento

• Programma
• Testi consigliati e bibliografia
• Strumenti didattici

Programma

Il corso è tenuto in lingua inglese

This course examines debates over the role of law in economic development. We will explore the interplay between ideas about economic, political, and social development, on the one hand, and ideas about law (domestic and international), on the other hand.

The approach of this course is rather unorthodox in at least two ways.  First, this course will approach these global legal and institutional questions through an exploration of their impact on the law and institutions in Latin America.  More specifically, the course will study three moments in Latin America (1960s-1980s; 1980s to late 1990s; late 1990s to our days) and their relationship to law and legal institutions.  The idea will be to understand the major political, social and economic topics that were debated during these periods and relate them to relevant legal discussions.  At the same time, the seminar will explore continuities and discontinuities in the description of the problems faced by the hemisphere and the legal solutions provided.  The underlying thread of the course will be to debate how the issue of resource and power distribution has been confronted, masked or avoided.

Second, this course will focus on the connection between law and culture in an attempt to gage how the intelligentsia in the region related to the global debate surrounding the role of law in economic development.  The context for each moment will be provided by literature and movies.  Law and legal institutions will be discussed through the reading of laws and law review articles.

The questions to be discussed will be:  How have political, social and economic conditions shaped law in the region?  How has law shaped the terms of the political, social and economic debates?  What have been the major legal theoretical influences?  When have law and legal institutions been able to transform political, social and economic conditions?  When has law failed to do so, and why?  Which have been the privileged legal instruments at a specific moment and why?  How have international institutions and historical contexts shaped law?

In addition to an open-book final exam, students will write three brief reaction papers to the reading assignments, and each student will play an active role in preparing and leading class discussion during the case study portion of the course.  

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