AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

More specifically, the course aims to analyze the political and constitutional organization of the city of Rome during the Latin-Sabine monarchy and the subsequent Etruscan period, with particular attention to the main sources available for historical reconstruction. It examines the formation and development of the republican legal system and concludes with a critical analysis of the events that led to its crisis and decline. Particular attention is also devoted to the emergence and development of criminal repression, both in terms of the regulation of offences and the procedural aspects of prosecution.

Through individual study, regular attendance, and active participation in the proposed learning activities, students will be able to:

• Understand the main social, cultural, and economic dynamics that brought about constitutional change and shaped the regulation of criminal repression;
• Read and critically analyze the sources relevant to the reconstruction of Roman history with historical acumen;
• Identify the rationale and critical foundations of historical scholarship;
• Develop an awareness of the importance of the historical contextualization of legal phenomena;
• Appreciate the identity-shaping value of historical knowledge;
• Express themselves using appropriate legal and technical terminology.

TEACHING METHODS

The module consists of in-person lectures, for a total of 18 hours (equivalent to 3 ECTS credits). Throughout the course, the main features of the Roman monarchical and republican legal systems will be examined and explored in depth.

Selected Latin and Greek texts – with Italian translations – will also be analyzed and discussed; these materials will be provided during the lectures and made available on Aulaweb.

Furthermore, scholars and experts in the field will be invited to deliver lectures and seminars on specific topics of particular relevance.

SYLLABUS/CONTENT

Sources for the reconstruction of the constitutional history of monarchical and republican Rome. Political and religious institutions. Pontifical jurisprudence. The origins of criminal repression and the concept of homo sacer.
Formation and development of the respublica. Assemblies and their functions. Structure and competences of the magistracies. Leges publicae, plebiscita, and senatusconsulta. The senatus consultum de Bacchanalibus. Quaestiones perpetuae. Coloniae and municipia. Treaties and the federal system. The provincial legal system and criminal repression in the provinces.
The secularization of legal interpretation and the republican jurists.

RECOMMENDED READING/BIBLIOGRAPHY

Syllabus for attending students:
The study is based on lecture notes, supplemented by materials provided on Aulaweb, and the following sections of the textbook:
A. Schiavone (ed.), Storia giuridica di Roma, Giappichelli, Torino 2024, pp. 5–23; 58–143; 232–263.

Syllabus for non-attending students:
G. Grosso, Lezioni di Storia del diritto romano, fifth revised and expanded edition, Giappichelli, Torino 2008 (anastatic reprint), pp. 11–258.
 

Alternatively, students may agree on an individual examination syllabus tailored to their specific academic interests.

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

First term, September 2025

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The final examination is oral and applies to both attending and non-attending students. It consists of four to five open-ended questions.
Attending students are expected to demonstrate a solid understanding of the general framework of the course and to provide a critical reading of the texts analyzed during the lectures.

ASSESSMENT METHODS

The oral examination is intended to assess the student’s comprehension of fundamental concepts and their ability to place constitutional forms and principles of public law within their historical and social contexts. Through general questions – and, for attending students, the discussion of texts studied in class – the examination will assess the student’s ability to:

• Identify and define political and constitutional principles using appropriate technical terminology;
• Understand the historical development of Roman public law in its social and political dimensions;
• Contextualize constitutional issues in their historical framework;
• Interpret and critically assess the main sources with historical awareness and insight.

Students with certified disabilities or specific learning disorders (DSA) may request reasonable accommodations during examinations (e.g., additional time, adjustments to oral/written formats) by following the procedures outlined in the guidelines available  here (p. 5). For further assistance, students may contact the designated professor: Isa.Fanlo@unige.it.

FURTHER INFORMATION

None.