AIMS AND LEARNING OUTCOMES

The course introduces the study of the juridical phenomenon in its historical dimension, with specific regard to commercial law, 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 commercial law (5th – 20th century AD);

- comprehend, coordinate and explain the complicated set of commercial 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, and especially commercial one, in its historical dimension too, in order to perceive and discuss its changes, continuities and discontinuities.

TEACHING METHODS

This 36-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 and economic experience, from the Middle Ages to the Contemporary Era;

- Early Medieval period. Germanic law; feudal age; manorial economy.

- Period of ius commune (12th-18th century AD). Commercial revolution, legal sources, institutions, juridical culture. Local and particular laws, legal sources system, “Scuola culta”, consulting and judging jurisprudence, Enlightenment and law, legal sources in the 18th century.

- Period of codifications. Sources of private and commercial law from the First to Second Industrial Revolution, Napoleonic model, history of the codification of commercial law in Italy.

RECOMMENDED READING/BIBLIOGRAPHY

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

• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 1-232).
•  The textbook will have to be completed with class notes, which will be available on the e-learning platform “Aulaweb”, according to rules explained by the professor during the lectures

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

• AA.VV., Tempi del diritto. Età medievale, moderna e contemporanea, Torino, Giappichelli 2016, chapter I and II (pages 1-112);
• A. MONTI, Per una storia del diritto commerciale contemporaneo, Pisa, Pacini Editore, 2021 (pp. 1-232).