LEARNING OUTCOMES

Introductory notions on the history of the trial, of justice and of the various bodies responsible for its administration. Sources, institutions, legal culture with specific reference to the evolution of civil and criminal proceedings and judicial systems from the Middle Ages to the present age.

AIMS AND LEARNING OUTCOMES

The purpose of the course in question is to introduce the student to the study of the legal phenomenon in its historical dimension, with specific reference to a subject, that of the administration of justice, which is extremely topical today as in past eras. In this nerve center of state life, the various regimes that have followed one another from the Middle Ages to the present day, in Italy as well as in other Western European countries, have intervened cyclically with more or less effective reforms in the awareness of their role important of a good administration of justice for the construction of consensus. Since these reforms affected both the procedural rite, necessary to make the machinery of justice work concretely, and the discipline itself of the professional figures in charge of governing this machine, first of all that of the judge, the course aims to make understand to the students like the knowledge of the historical evolution of the rules relating to the process and the constitution and functioning of the judicial bodies is an important prerequisite for the understanding of those mechanisms that still govern a fundamental sector of legal and social life today.

At the end of the course, attendance, active participation in the proposed educational activities and individual study will allow the student to

- know, identify and distinguish the periods, legal institutions and the most important figures in the history of European law in the Middle Ages and the modern age (5th century AD - 21st century AD);

- understand, coordinate and interpret the complex framework of the related sources of law (custom, legislation, doctrine and case law);

- remember and appreciate the links between legal history and political, social and economic history;

and therefore of

- be aware of the importance of considering the phenomenon of justice and law, and above all that concerning the process and judicial systems, also from a historical perspective, perceiving and arguing for changes, processes of rupture and continuity.

TEACHING METHODS

Teaching is divided into classroom lectures with video projection support, for a total of 36 hours. In them the concepts object of the Program will be exposed, clarified and exemplified, which the student must consequently acquire in his personal work. The slides projected in class will be made available, together with updates on the course and other teaching material, on the “Aulaweb” e-learning platform.

Attendance to lessons, measured according to the methods that will be explained by the teacher in the first meetings, is recommended.

During the course of the course, the student who is attending will have the right to take any written test, based on the lessons already held and the slides projected, limited to the part of the Program covered in the first module, with subsequent correction.

To facilitate learning, the student will be able to make use of the support of the teacher (as well as in class, at the reception on the days and times indicated below), the experts of the subject and the tutors.

SYLLABUS/CONTENT

- The revolutionary period in France and the age of codes: Revolution and reform of the judiciary: from parliaments to the Tribunal de Cassation; the election of judges, compulsory conciliation and justices of the peace, the indictment and trial juries; the failure to abolish the death penalty and terror; the "bourgeois justice" of the Napoleonic codes; from consulates to commercial courts; the Restoration between the Supreme Court and the Third Instance; the judicial systems of administrative monarchies; political unification and legislative unification between summary justice in the southern provinces and the launch of the first unitary judicial system (1865); the reforms of the left in commercial and criminal matters: the Zanardelli codes and the justice of liberal Italy.

- The legal twentieth century from liberal Italy to the postwar period: The reforms of the beginning of the century and the establishment of the first CSM (1907); Fascist regime and justice between code reforms and the establishment of special jurisdictions: the Rocco codes and the special court for the defense of the state; the Tribunal of the race; the Republican Constitution of 1948 and justice; the independence and self-government of the judiciary: the new CSM from institution to activation (1948-1959); associations in the judiciary and reforms in the justice sector between achievements and failures; the most recent debates on the autonomous government of the judiciary and on the role of jurisprudence in the "creation" of law.

RECOMMENDED READING/BIBLIOGRAPHY

For the attending student, in addition to notes and slides, the following textbook will be an integral and necessary part for passing the exam:

• P. ALVAZZI DEL FRATE, Justice and jurisdictional guarantees. Notes on the history of judicial systems, Turin, Giappichelli Editore.

• The text will be integrated with the teaching material indicated by the teacher from time to time, which can also be found online (aulaweb) in the manner that will be illustrated in class by the teacher.

For the non-attending student, the following textbooks will form an integral and necessary part for passing the exam:

• AA.VV., Times of law, Turin, Giappichelli, 2016 (chap. IV and chap. V)

P. ALVAZZI DEL FRATE, Justice and jurisdictional guarantees. Notes on the history of judicial systems, Turin, Giappichelli Editore.