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

- Introductory notions on the history of the European legal experience between the Middle Ages and the contemporary age;

- The early medieval period. The law of the Germanic kingdoms, the early medieval process from the prevalence of formal evidence of an ordalic nature to the progressive return to objective evidence and the evolution of the role of the judge from "external" arbitrator to governing body of the proceedings, all in the light of the exposition of contemporary sources in which examples taken from concrete cases will be highlighted.

- The age of common law from the late Middle Ages to the end of the Ancient regime (12th - 18th centuries). Genesis and characteristics of the Romano-canonical process as a product of the “Medieval juridical Renaissance”; the phases of the civil rite and the transformations of the criminal trial from the prevalence of the accusatory model to the affirmation of the inquisitorial system as an ordinary rite in both ecclesiastical and secular courts; the system of legal evidence and judicial torture; the special jurisdictions in the secular context: the "courts of the Merchandise" and the summary trial "alla mercantesca": the special jurisdictions in the ecclesiastical context and the three models of Tribunals of the faith: the medieval Inquisition, the Spanish Inquisition and the Roman Inquisition through the examination of some inquisitorial manuals and examples of coeval procedural documentation; the Great Courts: characteristics and role in the standardization of law within the individual legal systems; the reforms of absolutism regarding the discipline of the judiciary, trial and justice, both civil and criminal. Legal enlightenment and justice reforms. The judicial systems of the italian states of the "Ancien Régime"; Judges, Courts and legal professions in the Republic of Genoa between the Middle Ages and the modern age.

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.