|SCIENTIFIC DISCIPLINARY SECTOR||IUS/19|
|MODULES||This unit is a module of:|
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.
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 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.
- 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.
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.
Office hours: On Tuesday 11.00-13.00, at the Department of Law in Via Balbi 30/6, section of History of Law, 2nd floor, 16126 Genoa; for other days and times by appointment. In any case, it is advisable to always contact the teacher in advance by e-mail, at the address email@example.com. If the health situation does not allow for the reception in person, this will be held on the Teams platform in the channel "Receptions of Prof. Sinisi" code 4ks8dz1, by appointment by writing to firstname.lastname@example.org or by subscribing to the Teams and sending a message to the teacher directly from the platform.
LORENZO SINISI (President)
MATTEO CARMINE FIOCCA
RICCARDO FERRANTE (President Substitute)
DANIELE COLONNA (Substitute)
All class schedules are posted on the EasyAcademy portal.
For attending students:
the final exam consists of an oral test before a special commission, based on the lessons, the slides provided and the texts indicated. The final grade is awarded out of thirty. To take the test, the student must register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.
During the course of the course, the attending student will have the right to take any partial 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. If the student successfully passes this test, the final exam will focus only on the second half of the program (book by P. Alvazzi Del Frate, Justice and jurisdictional guarantees. Notes on the history of judicial systems, Turin, Giappichelli Editore).
The mark obtained in the partial test, expressed out of thirty, will remain valid for one calendar year. The final exam grade out of thirty will therefore consist of a weighted average of the assessments reported respectively in the written and oral tests. If, on the other hand, the student prefers not to take the partial test, does not pass it or is not satisfied with the grade obtained, the final oral exam will cover the entire Program.
For non-attending students:
the final exam consists of an oral test before a specific Commission, based on the texts indicated. The final grade is awarded out of thirty. To take the test, the student must register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam.
The final oral exam will evaluate the student's learning and understanding of the Program indicated, through 3/4 questions addressed to the candidate by the appropriate Commission.
With any partial test, the learning and understanding gained by the attending student will be assessed in relation to only the part of the course covered in class up to then, based on the lessons already held and the projected images.
The student will have to demonstrate that he has understood the importance of the reforms in the justice sector that have taken place over the centuries, as well as the historical evolution of the rules relating to the process and the constitution and functioning of the courts, distinguishing periods, legal institutions and fundamental figures, coordinating sources of medieval and modern times, discovering the links between legal history and political, social and economic history, arguing for changes, processes of rupture and continuity. For this purpose, the quality of exposure, the correct use of the legal lexicon and especially the ability to reason critically on the contents studied will constitute evaluation parameters.
If the general conditions allow it, the lecturers of the course will invite experts (scholars, judges, representatives of the institutions) for useful insights on specific topics indicated from time to time.