European Law & Gender (First Year 2019/2020, First Semester: Diritto e genere, prof. E. Stradella)
The student who completes the course successfully will be able to demonstrate a solid knowledge of the main features in the field of gender studies. He/she will be able to look critically at the relationship between law and gender, situating it in both the theoretical and the empirical dimension. He/she will be able to demonstrate a deep awareness of the role of the law and gender in producing and reflecting cultural and social norms, because gender methodology could overturn some of the current basic
assumptions about citizenship, law, the state and nation building.
Assessment criteria of knowledge
- The student will be assessed on his/her demonstrated ability to discuss the main course contents using the appropriate terminology. During the oral exam, the student must be able to demonstrate his/her knowledge of the course material and be able to discuss the reading matter thoughtfully and with propriety of expression. In the oral report (for the attending students), the student must demonstrate his/her ability to approach a circumscribed research question and analyze it adequately using legal sources and literature in order to prepare an interesting presentation for all the class.
- Analysis and explanation of comparative law issues;
- Use of legal language and specific language for gender issues both for the common law and the civil law systems;
- Exploration of the processes that give rise to the social meaning and consequences of those differences.
Assessment criteria of skills
The skills will be assessed by debating within the class. Every lecture will end with an overall discussion on the topics and the request to the students to express their feelings on the critical elements that the teacher has underlined.
The students will improve his/her awareness of comparative perspectives and the law&gender issues scenario.
The students (attending the course) will improve his/her capacity to make public talks, presentations and manage a public discussion.
Assessment criteria of behaviors
- in the oral exam: assessment of the capacity to make links among different topics, problems and questions, even proposing legal and political solution and elaborating hypotheses and scenarios;
- in the oral report: assessment of the capacity to clearly present topics and issues, even raising the attention and the interest of the class.
The students should have an at least sufficient knowledge on general comparative law and legal theory.
The course will use mainly two possible methods: the first method is ‘the woman’s question’: this means that students should be called to identify the gender implications of rules and practices that appear to be neutral and objective. The second is practical feminist reasoning: this reasoning consists in posing open-ended questions about concrete issues in order to determine both the possible solution and the problem that is actually found in the situation under consideration. In this way students can identify different points of view and perspectives that may be far from the systems of values prevailing in society.
The course aims at giving to the students a knowledge on the main topics concerning the relationships between Law and Gender. After a chronological overview concerning the main streams of reflection on gender issues (second wave feminism, intersectionality, queer studies), underlining their impact on the legal orders , the course will focus on the topic of gender identity, investigating the legal notion of gender identity, gender and Italian Constitution, the protection of gender identity in Italy and in Europe, gender and “sexual difference” as possible perspectives in legal studies and legal analyses; LGBTQI discriminations and the legal issues concerning transgender subjectivity.
B. Pezzini (a cura di), La costruzione del genere. Norme e regole, I volume, Bergamo University Press, Sestante Edizioni, 2012; L. Morra-B. Pasa (a cura di), Questioni di genere nel diritto: impliciti e crittotipi, Torino, Giappichelli, 2015.
Specific bibliographies will be given to the students in order to orient their project works.
- oral exam
- written presentations
- oral reports