INGLESE

English

Globalisation led to the emergence of global and transnational law. It poses new problems on the social, economic and global levels and has urged international decision-makers to adopt a uniform legal framework to regulate the new social structures.
Technological development plays a central role in this context and requires a closer examination of the concept of legal subjectivity.

P. Sirena, Introduction to private law, 3ª ed., Bologna, 2021;
G. Teubner, The anonimous Matrix: Human Rights Violations by ‘Private’ Transnational Actors, in Modern Law Revie, 2006;
G. Teubner , Rights of non‐humans? Electronic agents and animals as new actors in politics and law, in Journal of Law and Society, 2006;
G. Teubner, Networks as connected contracts, Oxford, 2011;
G. Teubner, Constitutional Fragments: Societal Constitutionalism in the Globalization, Oxford, 2012;
G. Teubner, Digital Personhood? The Status of Autonomous Software Agents in Private Law, in Ancilla Juris, 2018;
G. Teubner, Three Liability Regimes for Artificial Intelligence: Algorithmic Actants, Hybrids, Crowds, Oxford, 2021.

Further articles on specifical research issues will be provided to the students (see ‘Evaluation method’ section).

Knowledge and understanding skills. The student must have a good knowledge of the topics indicated in the program; must also have the ability to understand the subject, with regard both to the institutes analyzed both to the principles and rules that govern the current law system. Most important: student will also have to show how to develop own and original ideas.

Knowledge and understanding skills applied. The student must demonstrate the ability to interpret and apply their knowledge, skills and understanding skills in seeking solutions to problems related to civil law. The student will be able to apply the rules law to concrete and specific contexts by identifying, interpreting and applying the norms which, from time to time, contribute to characterizing the concrete case. In this context, the student must have the ability to draft legal documents in court and out-of-court contexts.

Judgment autonomy. The student must be able to interpret the rules of current legal system.

Communicative Skills. Ability to communicate his / her knowledge in a clear and unambiguous way, to express his / her own considerations and conclusions also in the case of working-class debates that may arise during frontal lessons. The student has to be able to expose the acquired knowledge with arguing consistency.

Ability to learn. The student has to develop the ability to understand the complexity of the legal phenomenon as well as the learning skills that will enable him to continue studying algorthmic law in an autonomous and conscious manner.

The course presupposes knowledge of the fundamental concepts and rules of private law.A thorough knowledge of private international law and public law is also required.

Lectures and ‘flipped’ classes. The course’s 48-hours are developed interactively: students will be expected to do all the reading assignments and come to class prepared to discuss them.

Students will be assessed on the basis of (2) written and (1) oral assessments.
The overall mark will result from the weighted average obtained at the various assessments, as follows:

1) Final written exam: 50% of final mark;
2) Oral assessment: 25% of final mark;
3) Final essay: 25% of final mark.

The final written exam will consist in 4 open questions drawing on the course programme.The oral exam will focus on students’ reading of the course materials.The final essay – around 12,000 words long – will be assigned at the beginning of the course.It will consist in the discussion of one topic to be chosen from a list ofresearch themes set by the lecturer at the beginning of the course.

The course requires advanced knowledge of the English language.

Lecture 1. – Law and society. The Western legal tradition.
Lecture 2. – Law and the state. Civil law and common law jurisdictions.
Lecture 3. – Law and justice. Rules, principles, legal systems.
Lecture 4. – European law. Private law and its sources.
Lecture 5. – Legal concepts and legal studies.
Lecture 6. – Juridical facts and juridical acts (4 hrs).
Lecture 7. – Rights and duties (4 hrs).
Lecture 8. – Technological development in the global legal framework (4 hrs).
Lecture 9. – Circulation of information in a globalised world.
Lecture 10. – Transnational constitution and advanced technology.
Lecture 11. – Networks, Hybrids and Actors. The protagonists of the new social constitutionalism (4 hrs).
Lecture 12. – AI: a tertium genus of legal personality?
Lecture 13. – Reconstructing processes of subjectification as communicative processes.
Lecture 14. – Liability for digital assistance.
Lecture 15. – A new role for the insurance contract?
Lecture 16. – Designing artificial intelligence in terms of transparency and accountability.
Lecture 17. – Algorithm-agreement equivalence principle: first attempt to give contractual legal significance to the decisions of an algorithm.
Lecture 18. – Algorithmic entities or Chinese boxes? The case of the company in Delaware.
Lecture 19. – Discussion of the essays (4 hrs).

Knowledge of each of the suggested essays in the 'Contents' section is equivalent to 1 credit. Knowledge of the contents of P. Sirena, Introduction to private law, 3rd ed., Bologna, 2021 is equivalent to 2 credits.