Course Overview

The contemporary legal theory has reacted to social, economic and political-international movements, through multiple transformations with regards to the theoretical field. Particularly, the general theory of law has faced the transformation of basic and standard categories within the legal system, experiencing the genesis of new forms and instruments of legal liability and sanctioning; new models of normative texture (that go beyond the hard and soft law opposition, to encompass models of mixt law), interpretation and enforcement. Alternative dispute resolution mechanisms have been developed, always with less attachment to state aims of retribution, than the restoration perspective, on the one hand; and always with the purpose to establish alternative instruments of accountability, more attached to the emerging mechanism of Smart Regulation, by another side. The Course is aimed at interdisciplinarity and will foster graduates and researchers to deal with new fields of legal knowledge.

Learning Achievement

The course will be focused on the analysis of recent developments within the theory of law and the legal movements, situated on: (i) the theory of the legal system and its rules; (ii) the theoretical approaches related to deliberative procedures, theory of democracy, systems theory, critical legal studies, theory of legal field, and theories of economy and international relations aimed at law; (iii) the emerging mechanisms of legal regulation in areas of conflict and social tension inside the contemporary society (e.g. Environment and Human Rights); (iv) the convergences and strains between civil law and common law systems.

Competence

Course prerequisites

Grading Philosophy

The evaluation will consist of: (a) participation in the activities (e.g. role play and case study); (b) seminars; (c) paper.

Course schedule

1. Risk society and Law - current stage of the debate; 2. Democracy and public governance; 3. Private governance and compliance; 4. Critical legal studies and its recent developments; 5. Economy, International Relations and Law; 5. Accountability and risk; 6. Alternative Dispute Resolution; 7. Impact Assessment; 8. Transnationalization and regulatory harmonization; 9. Hard law, soft law and mixt law; 10. New Schemes of Sanction and Accountability; 11. Smart Regulation; 12. Convergences and divergences in the civil law systems and common law systems; 13. Mechanisms of emerging legal regulation in conflict and social tension societies (Environment); 14. Mechanisms of emerging legal regulation in conflict and social tension societies (Human Rights)

Course type

Online Course Requirement

Instructor

Rafael Diniz Pucci

Other information

Conceived in a fundamentally interdisciplinary theme, the Course is aimed at graduate students from all areas of legal knowledge.

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