96543 - Private Law and the Global Market (1) (Lm)

Learning outcomes

The course aims at analyzing the general institutions of private law involved in the dynamics related to the world of business and commercial transactions, also in the transnational context. At the end of the course students: - have acquired skills in the practical use of the most frequent legal principles in business transactions in national and international contexts; - possess skills in understanding the logic governing the application of private law rules in the globalized market and policy choices; - know the most relevant institutes of private law of the business community; - know the basic elements of private law of the global market; - know how to analyze the main regulations related to domestic and international contract, business, protection of the person and information society; - can apply this knowledge to the business context also with reference to the challenges of the global context.

Course contents

The course program is organized as follows:

• The legal order and the multi-level system of sources
• Competition between legal systems
• The legal flows
• Old and new lex mercatoria
• The historian, the comparative and the positive jurist
• Civil law and common law
• Shopping of the law
• The contract instead of the law
• The judge in place of the legislator
• Private law and nationality of law
• Private rules oand the nationality of the law
• Business and ESG factors
• Human rights and digital transformation
• Big data, artificial intelligence and big tech: opportunities, risks and role of the legal rule
• European regulation, ethics and human centrality: the challenges of artificial intelligence
• Legal rules and inequalities: the gender gap
• The efficiency of legal rules and the economic analysis of law
• insights on copyright law

 

 

This course participates in the University's teaching innovation project

Readings/Bibliography

 

 

F. Galgano, La globalizzazione nello specchio del diritto, Bologna, 2005.

ALEC ROSS, I FURIOSI ANNI 20, FELTRINELLI, 2021

LUCIANO FLORIDI, ETICA DELL'INTELLIGENZA ARTIFICIALE, 2022. 

 

G. Finocchiaro, Intelligenza artificiale. Quali regole?, Bologna, 2024.

Teaching methods

The course will combine frontal lessons and the analysis of practical cases. A Socratic method will be adopted and discussion in class will be stimulated.

Assessment methods

ATTENDING STUDENTS: grades will be based half on team presentation of a case in class and half on a final exam, which will be a written 5 questions MC test. Topics covered are in the uploaded exam slides.

NON-ATTENDING STUDENTS: grades will be based on the final examination only, which will be a written 10 questions MC test, to complete in 30 mm. Topics covered are in the uploaded exam slides.

 

Teaching tools

Lessons can be accompanied by slides; students may also find useful materials for participation in class by consulting Paola Manes’ website.

Students needing compensatory tools due to disabilities or learning disabilities (SLD) should inform the Professor about their necessities. Therefore, they will be addressed to their referent to arrange the adoption of the proper devices.

Office hours

See the website of Paola Manes