OVERVIEW

The subject of the teaching is the study of Roman public law in its historical evolution. This perspective allows to understand the constitutional principles of the legal culture of Roman civilization, whose tradition has been perceived as fundamental in the development of modern political thought from Humanism to the Enlightenment and subsequently up to the contemporary age.

AIMS AND CONTENT

LEARNING OUTCOMES

The theaching, divided into two modules, aims to provide students with knowledge of the genesis and development of Roman constitutional bodies in their historical evolution in order to bring out the founding principles of the European legal tradition. The study of Roman civilization from its origins to the 6th century AD also allows us to observe the legal phenomenon in its complex political and social relations.

PREREQUISITES

Basic knowledge of ancient history and classical languages.

TEACHING METHODS

Frontal lessons.

Furthermore, scholars and experts in the field will be invited to deliver lectures and seminars on specific topics of particular relevance.

SYLLABUS/CONTENT

FIRST MODULE (MONARCHY - REPUBLIC)

Sources for the reconstruction of the constitutional history of monarchical and republican Rome. Political and religious institutions. Pontifical jurisprudence. The origins of criminal repression and the concept of homo sacer.

Formation and development of the respublica. Assemblies and their functions. Structure and competences of the magistracies. Leges publicae, plebiscita, and senatusconsulta. The senatus consultum de Bacchanalibus. Quaestiones perpetuae. Coloniae and municipia. Treaties and the federal system. The provincial legal system and criminal repression in the provinces.

The secularization of legal interpretation and the republican jurists.

SECOND MODULE (PRINCIPATE - DOMINATE)

The institutional reforms of Augustus. The res gestae divi Augusti. The legal-constitutional nature of the Augustan principate and its development. Senatorial and imperial provinces. Provincial cities and local autonomies. The imperial succession. The principate of Claudius. Trajan and the Institutum Traiani. Hadrian and the codification of the edict. Caracalla and the granting of citizenship. Diocletian and the edictum de pretiis. Constantine, Theodosius and the relations between the empire and Christianity. The lex Iulia iudiciorum publicorum. The development of the criminal repression and new criminal offences. The criminal repression in the provinces.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Fist term 2025/2026

Class schedule

HISTORY OF THE ROMAN LAW

EXAMS

EXAM DESCRIPTION

The final examination is oral and applies to both attending and non-attending students. It consists of four to five open-ended questions.
Attending students are expected to demonstrate a solid understanding of the general framework of the course and to provide a critical reading of the texts analyzed during the lectures.

ASSESSMENT METHODS

The oral examination is intended to assess the student’s comprehension of fundamental concepts and their ability to place constitutional forms and principles of public law within their historical and social contexts. Through general questions – and, for attending students, the discussion of texts studied in class – the examination will assess the student’s ability to:

• Identify and define political and constitutional principles using appropriate technical terminology;
• Understand the historical development of Roman public law in its social and political dimensions;
• Contextualize constitutional issues in their historical framework;
• Interpret and critically assess the main sources with historical awareness and insight.

Students with certified disabilities or specific learning disorders (DSA) may request reasonable accommodations during examinations (e.g., additional time, adjustments to oral/written formats) by following the procedures outlined in the guidelines available  here (p. 5). For further assistance, students may contact the designated professor: Isa.Fanlo@unige.it.