LAW AND ECONOMICS

The course aims to provide the theoretical tools on a historical basis, for a critical approach to the understanding of the relations between law, institutions, and economy in the global integration of markets, in particular financial ones. The course highlights legal requirements and mechanisms for the functioning of the markets in their concrete historical dynamics, revising with a key to legal interpretation the structure of interdependencies between rules, institutions, and economic structures so as to promote through the study of interconnections the ability of students to understand systemically.

Knowledge of basic concepts of economics, public law, contemporary history, and sociology helpful. No specific bibliographical references are preliminarily required.

Knowledge and understanding The student is able to understand the connections between law, institutions and economy within the processes of economic and financial globalization. Particular attention will be paid to the configuration of economic phenomena and their dynamics. Applying knowledge and understanding The course aims to equip students with a critical approach that can provide an overview of the relations between law, institutions and economy in the evolution of historical contexts . These critical and systemic learning skills as well as being evaluated in the final phase at the time of the final review, will be monitored in progress through classroom discussions, that will constitute a moment of improvement of the didactic on the base of the reached results, is to the level of group class that to level of single student. The possibility of creating a permanent interaction between class and teacher will give the opportunity to verify in real time the basic and methodological skills acquired by students. A “galop d’essai” – written test on topical issues relating to measures to promote environmental sustainability will be carried out. This will give the opportunity to verify students’ ability to conceptualization, systematization, and presentation. Making judgements The autonomy of judgment of the students will be verified during the final exam and during the presentations of the written test through the evaluation of the critical exposition attitude of the treated events and the formation of an autonomous point of view. Particular attention will be given to the ability to discuss the texts being studied. Communication skills The ability of oral communication conceptually appropriate and with adequate vocabulary to express it will be verified, as well as during the final verification, during the presentations in the classroom by the students who will have a limited exposure time. The written communication capability will be verified during the “galop d’essai” - written test. Learning skills The aim of the course is to equip students with autonomous study skills that allow them to analyse in a systematic and autonomous way the legal mechanisms of operation and balance and imbalance of the markets in their historical evolution. This method of systemic reasoning is stimulated by individual reading and understanding of scientific texts and articles.

The course introduces the study of the legal and institutional aspects of the globalized economy. The course defines on a historical basis the constitutive link between the rule of law and the market economy by examining its institutional conditions and legal requirements for functioning in the variants of the economic constitution models of Western countries. It reconstructs the equilibrium conditions of the economic constitution of the Republic, its problematic integration into the European Union and the progressive inclusion in globalization since its genesis with liberalization of capital movements since the 1980s. On that basis both the expansion and the self-propelling and supranational dynamics of the globalized financial market are reconstructed and explained, both the legal instruments used to affirm it, defining in this way the succession of modes of operation and balance and expansion of financial markets, as well as the repercussions and the criticisms induced on the real economy. Particular attention will be given to recent measures to tackle the systemic crisis of global finance implemented in the US and the EU. Specifically, the impact of the financial crisis on the euro, on the public finance balance of the member states and in particular on Italy will be considered with the illustration of the measures adopted and being implemented for the reconstitution of an economic and financial balance and the persistent debt orientation.

. Testi di riferimento: - Di Gaspare, Giuseppe. Diritto dell’economia e dinamiche istituzionali. Terza edizione. Assago: Wolters Kluwer, 2017. - Di Gaspare, Giuseppe. Teoria e critica della globalizzazione finanziaria: dinamiche del potere finanziario e crisi sistemiche. Padova: CEDAM, 2011. Letture integrative: - Di Gaspare, Giuseppe. La fabbrica dei derivati, 2016. - Di Gaspare, Giuseppe. Anamorfosi dello spread, Di Gaspare, Giuseppe, la fabbrica dei derivati - Di Gaspare, Giuseppe. Forme di governo e politiche di bilancio dalla prima alla seconda Repubblica, Di Gaspare, Giuseppe, genesi metodo e prassi del neoliberismo, 2021

During the on-campus lecture, the Professor will adopt a frontal didactic approach encouraging students to intervene in the discussion with requests for clarification and autonomous observations. It is therefore necessary to talk with the teacher that the students have carefully read the reference text before the lesson. The online lectures will have a maieutic approach and will be devoted to requests for clarification and autonomous observations by the students.

The student's learning will be assessed during the course by means of a written mid-term exam on the first part of the program, which, if passed, will count for 30% of the final grade. For the purpose of validating the mid-term exam, the student must be present for at least 50% of the recorded attendances. In addition, positively judged contributions in class will contribute to the final grade up to a maximum of 2 additional points, to which a "+" will be assigned. Each "+" is worth ¼ of a point. The final grade – in the event that a passing grade is achieved in the oral exam – is therefore given by the grade of the final oral exam, to which are added the points obtained in class participation (max 2 points) and the grade of the mid-term exam. In the final exam, the student must demonstrate knowledge and understanding of the subject's institutions and principles (70% of the grade) and demonstrate command of the legal-technical lexicon and acquisition of the study method (30%). The presence of educational gaps on one or more institutes or principles will result in an insufficient evaluation even in the presence of a basic knowledge of the subject.

Have actively followed the lessons and demonstrated interest in the subject on the basis of an interview with the Professor.