Language of teaching
English
Contents
The Workshop will focus on a monographic study of the discipline of legal subjectivity, through a critical approach to the main case-law and scientific contributions on the Legal Subject. After an initial institutional introduction to the category of the Subject in private law, the Workshop will focus on the critical analysis of the interpretations that propose the legal subjectivization of Artificial Intelligence, Animals, Nature, embryos, human remains and Future Generations.
Reference texts
1. To begin, students can choose one of the following texts: SIRENA P., Introduction to Private Law, Third Edition, Bologna, 2021, limited to Chapter XI; or, alternatively, G. Alpa - M. Andenas, European private law, Pisa, limited to Chapter IV. Thereafter, reference texts should be used:
2. P. B. MILLER, The Concept of Personality in Private Law (October 24, 2023), Samuel L. Bray, John C.P. Goldberg, Paul B. Miller, and Henry E. Smith, eds., Interstitial Private Law (Oxford University Press, forthcoming)., available at SSRN: https://ssrn.com/abstract=4611646 or http://dx.doi.org/10.2139/ssrn.4611646;
3. G. ORLANDO, La fictio iuris nel pensiero di Angelo Falzea, in Angelo Falzea, Naples, 2023, limited to §§ 2 and 3 (an English translation of the text will be made available in the Lab moodle);
4. M. C. PARDO, Legal Personhood for Animals: Has Science Made Its Case?, in Animals (Basel). 2023 Jul; 13(14): 2339, published online 2023 Jul 18: available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10376032/
5. Artificial intelligence liability directive, Briefing EU Legislation in Progress;
6. G. TEUBNER, Digital Personhood? The Status of Autonomous Software Agents in Private Law (May 11, 2018), available at: https://ssrn.com/abstract=3177096 or http://dx.doi.org/10.2139/ssrn.3177096
7. A selection of Italian Supreme Court judgments on the protection of the embryos will be made available in the Lab moodle on USiena integra (https://elearning.unisi.it).
In addition to the recommended bibliography, further supplementary materials (judgments, essays) may be made available in the workshop moodle, starting from the issues dealt with in the lecture, to allow for further study. All the materials made available in the moodle during the course must be considered among the recommended texts.
Learning objectives
The Workshop aims to provide a critical understanding of the most relevant and innovative issues in the field of legal subjectivity. The aim of the Laboratory is to strengthen knowledge of the category of the Lega Subject and mastery in the use of the appropriate technical vocabulary, acquiring familiarity with the safest methodological approaches. In addition to the acquisition of content, in fact, the Workshop aims to introduce a legal methodology that focuses on the search for the rationale behind regulatory provisions and the search for a balance between the elements of 'form' and 'substance' that arise in practice, in the light of an integral consideration of the factors involved in the various cases.
Prerequisites
For an adequate understanding of the course content, a review of a textbook of private law institutions is recommended, giving particular attention to the discipline of Legal Subjects.
Teaching methods
Discussion of practical cases aimed at illustrating, through the examination of the case material, actual disputes that have occurred, in order to enable the learner to verify the concrete functioning of the institutes investigated through the recommended bibliography. The reading of the material that will be provided during the lectures will aim to put the learners in direct contact with practice in order to foster a pragmatic understanding of the theoretical issues.
Other informations
For the study of up-to-date legal texts, it may be useful to consult them at https://www.normattiva.it/.
It may also be useful to familiarise oneself with searching for judgments, laws and essays in the main legal databases made available by the 'Circolo Giuridico' Library. To the same end, it may be useful to regularly visit the websites of the Court of Cassation, the Constitutional Court and the Court of Justice.
It is advisable to attend any seminars and conferences that may be organised in order to take the opportunity to explore topics in greater depth.
Methods of verifying learning
Active and continuous participation in all phases of the workshop, demonstrating constant commitment to the activities proposed by the teacher.