OVERVIEW

This course introduces a detailed overview of the evolution of law, juridical science and practice in the European context, during the age of codification (19th-20th century). It provides the student with the expertise deemed essential for every legal professional, namely the basic knowledge and methodology for comprehending the development of legal “codes” as legislative tools and European juridical systems up to now.

AIMS AND CONTENT

LEARNING OUTCOMES

The theoretical bases (from Hobbes to Beccaria) and the normative production (from Colbert's Ordonnances to the Code Napolèon), which represent the roots of modern and contemporary law in Europe; the realisation of the first constitutions and the first modern codes. Development of codified law from 1837 to 1942; historical experience and future perspectives of the code as a legislative tool in the current debate on European law.

AIMS AND LEARNING OUTCOMES

The course of History of Modern Constitutions and Codifications aims to increase the student’s awareness of:

• the historical dimension of the current juridical phenomenon;
• the main steps of the transition process from ius commune to legal codes;
• the scientific fundamentals of modern and contemporary constitutions and codifications.

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

- know and comprehend the fundamentals of history of legal codes from the 18th century to the present day;

- explain and take into context modern and contemporary legal sources and institutions;

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

- define a methodology to work with legal sources and historiography;

and therefore to:                                                                  

- express a critical approach to the juridical experiences developed in Europe between the 19th and 20th century.

PREREQUISITES

The essential basics of European history are taken for granted.

Having already passed the exam of “History of medieval and modern law” is recommended, although not necessary.

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).

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:

• “code” as a legislative tool. Legal codes and constitutions;
• Enlightenment and reforms;
• French Revolution. Constitutions and civil law codification attempts;
• system of the Code civil and the Napoleonic legal codification. Austrian legal codification;
• European Restoration and Italy’s pre-unification legal codes;
• 1848. The liberal idea and the “Statuto Albertino”;
• Civil code and national legal identity in Italy;
• codifications of Italian right and left historical parties and during the 20th century;
• process of codification and “decodification” in the present day.

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 (or later editions) chapters V from § 9 to § 14, VI and VII only  (150 pages);

• R. Ferrante, Un secolo sì legislativo. La genesi del modello otto – novecentesco di codificazione e la cultura giuridica, Torino, Giappichelli 2015 (pages 1 – 192).

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 (or later editions) chapters V from § 9 to § 14, VI, VII, VIII only  (220 pages);

• R. Ferrante, Un secolo sì legislativo. La genesi del modello otto – novecentesco di codificazione e la cultura giuridica, Torino, Giappichelli 2015 (pages 1 – 192).

Attending Erasmus 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):

• 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) chapters V from § 9 to § 14, VI and VII only  (150 pages).

Non-attending Erasmus students: 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 (or later editions) chapters V from § 9 to § 14, VI, VII, VIII only  (220 pages).

TEACHERS AND EXAM BOARD

Exam Board

RICCARDO FERRANTE (President)

LORENZO SINISI

ROBERTA BRACCIA (President Substitute)

MAURA FORTUNATI (President Substitute)

FEDERICA FURFARO DEGASPERI (President Substitute)

DANIELE COLONNA (Substitute)

MATTEO CARMINE FIOCCA (Substitute)

DANIELE ROSA (Substitute)

DANIELA TARANTINO (Substitute)

LESSONS

LESSONS START

I semester from September 14th to December 4th 2020
 

Class schedule

HISTORY OF THE CONSTITUTIONS AND MODERN CODIFICATIONS

EXAMS

EXAM DESCRIPTION

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 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) chapters V from § 9 to § 14, VI and VII only  (150 pages).

Non-attending 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) chapters V from § 9 to § 14, VI, VII, VIII only  (220 pages).

ASSESSMENT METHODS

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

The student will have to be able to:

- comprehend the importance of considering current law in its historical dimension;

- remember and value the fundamentals of history of legal codes from the 18th century to the present day;

- explain and coordinate modern and contemporary legal sources and institutions;

- compare the juridical experiences developed in Europe between the 19th and 20th century;

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

- value the historical experience, as well as the future of codifications as legislative tools in the European perspective.

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