OVERVIEW

This course introduces a summary of European legal sources, institutions, juridical science and practice from the Early Middle Ages to the 18th century, paying specific attention to Italian area. It provides the student with the expertise deemed essential for every legal professional, namely the basic knowledge and methodology for comprehending the evolution of law and European juridical culture and for noticing continuities and discontinuities in juridical experience between past and present.

AIMS AND CONTENT

LEARNING OUTCOMES

Introductory notions of the History of European juridical experience. Sources, institutions and juridical culture during the Middle Ages. The development of European juridical systems from the end of the Middle Ages to the Age of Codification.

AIMS AND LEARNING OUTCOMES

The course of History of Medieval and Modern Law introduces the study of the juridical phenomenon in its historical dimension, in order to make students aware of the historical background of the current legal technicality, namely a tradition and an evolution more than a thousand years old.

Attending the course, as well as participating to the educational activities proposed and the personal work will finally enable the student to:

- know, identify and distinguish the most important periods, legal institutions and personalities of the history of medieval and modern European law (5th – 18th century AD);

- comprehend, coordinate and explain the complicated set of medieval and modern legal sources (customs, legislation, legal doctrine and practice);

- remember and value the connections between legal history and political, social and economic ones;

and therefore to:

• be aware of the importance of considering law in its historical dimension too, in order to perceive and discuss its changes, continuities and discontinuities.

PREREQUISITES

The essential basics of European history are taken for granted.

TEACHING METHODS

This 54-hour course combines lectures with video-projections. The lectures will present, explain and exemplify the objects of the course program that the student will consequently assimilate through personal work. The slides projected during the lectures will be available, as well as course updates and other educational material, on the e-learning platform “Aulaweb”.

The course attendance is suggested (rules will be explained during the first lectures).

During the course, attending students will be able to take an elective written test, based on already given lectures and slides and concerning the medieval part of the program only, which will be revised by the professor.

To make studying easier, students will be able to take advantage of the professor’s support during the lectures, as well as during office hours and by appointment made by email. Students will be able to take advantage of teaching assistants and tutors’ support too.

SYLLABUS/CONTENT

The course will be based on the presentation and discussion of the following topics:

- Introduction to history of European juridical experience.

- Early Medieval period. Germanic law; feudal age.

- Medieval Revival of Roman Law (XII-XV centuries). Legal sources, institutions, juridical culture during the Middle Ages; the School of Law of the University of Bologna and the “università minori”; Glossators; classical canon law; Commentators. Local and particular laws; legal sources system.

- Age of Absolutism. Legal sources system; “Scuola culta”; consulting and judging jurisprudence.

- Age of Reforms. Enlightenment and law; legal sources in the 18th century.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students: to pass the final exam it will be necessary to study the following textbooks (together with class notes and slides projected during the lessons):

• P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016, from chapter I to chapter V, § 8 (until p. 232);
• P. Grossi, Prima lezione di diritto, Roma – Bari, Laterza 2016, (pages 5 – 116).

Non-attending students: to pass the final exam it will be necessary to study the following textbooks:

• P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016, from chapter I to chapter V, § 8 (until p. 232);
• P. Grossi, L’Europa del diritto, Roma – Bari, Laterza 2016, (pages 1 - 281).

Erasmus students and students enrolled in the Corso di Laurea in Scienze storiche: to pass the final exam it will be necessary to study the following textbook:

• P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016, from chapter I to chapter V, § 8 (until p. 232).

TEACHERS AND EXAM BOARD

Exam Board

FEDERICA FURFARO DEGASPERI (President)

RICCARDO FERRANTE

LORENZO SINISI (President Substitute)

ROBERTA BRACCIA (Substitute)

DANIELE COLONNA (Substitute)

MATTEO CARMINE FIOCCA (Substitute)

MAURA FORTUNATI (Substitute)

DANIELE ROSA (Substitute)

RODOLFO SAVELLI (Substitute)

DANIELA TARANTINO (Substitute)

LESSONS

LESSONS START

II semester

Class schedule

HISTORY OF MEDIEVAL AND MODERN LAW B

EXAMS

EXAM DESCRIPTION

Attending students:

the final exam will be oral and based on lectures, slides and textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Attending students will be able to take an elective written test – based on already given lectures and slides and concerning the medieval part of the program only – during the course, which will be revised by the professor. In case they pass it, the final oral exam will concern the second part of the program only (Age of Absolutism; Age of Reforms). The grade of the elective written test, whose validity shall be for one year, will be given by using a 30-point scale. The student’s final and complete judgement will represent the weighted average resulted from the elective written test and the final oral exam, expressed by using a 30-point scale. However, if the student decides not to take the elective written test or if the student fails it or is not satisfied with the result of the test, the final oral exam will concern the whole program.

Non-attending students:

the final exam will be oral and based on lectures, slides and textbooks. The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Erasmus students:

the final exam will be oral and based on the following textbook:

P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016 (or later editions) from chapter I to chapter V, § 8 (until p. 232).

The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Attending Erasmus students will be able to take an elective written test – based on already given lectures and slides and concerning the medieval part of the program only – during the course, which will be revised by the professor.

Students enrolled in the Corso di Laurea in Scienze storiche (6 cfu):

the final exam will be oral and based on the following textbook:

P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016 (or later editions) from chapter I to chapter V, § 8 (until p. 232).

The final judgement will be given by a specific examination board, using a 30-point scale that can be divided into failing (0 to 17) and passing (18 to 30 cum laude) grades. To take the final examination, students must previously enroll online. Candidates are asked to cancel online the enrollment, in case they decide not to take the exam.

Attending students enrolled in the Corso di Laurea in Scienze storiche (6 cfu) will be able to take an elective written test – based on already given lectures and slides and concerning the medieval part of the program only – during the course, which will be revised by the professor.

ASSESSMENT METHODS

During the final oral examination, a specific examination board will ask the candidate a multiplicity of questions. By answering, the candidate will be asked to demonstrate learning and understanding of the program.

The elective written test – based on already given lectures and slides - will consist of some short essay questions. By answering, the candidate will be asked to demonstrate learning and understanding of the medieval part of the program only.

The student will have to be able to:

• comprehend the importance of considering law in its historical dimension;

• distinguish the most important periods, legal institutions and personalities;

• coordinate medieval and modern legal sources;

• discover the connections between legal history and political, social and economic ones;

• argue changes, continuities and discontinuities.

Therefore, the assessment will be based also on the quality of the oral exposition, the correct use of juridical language and especially on the capacity of critical thinking.

Exam schedule