Teaching code

4S01082

Teacher

Cecilia Pedrazza Gorlero

Coordinatore

Cecilia Pedrazza Gorlero

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW

Period

1° periodo di lezioni dal Oct 2, 2017 al Dec 15, 2017.

Lessons timetable Moodle Seminars

Learning outcomes

The course analyses the evolution of criminal law and procedure in Italy and in Europe between the Middle Ages and Modernity, starting from the development of criminal science between XV and XVI century. The course will examine the application of modern criminal law foundations to trial procedure and then will analyse the formation of inquisitorial proceedings, that will prevail over the accusatory one, without causing its complete disappearance. It will be thus possible to follow the difficult emergence of the basic principles of contemporary legal conscience in time, such as the protection of personal freedom, the limits of sovereignty, the difficulty in discovering the truth in trial, the complex penalty function. The historical development of state punitive power will be followed, improving the value of the elements of comparison among the different European experiences. At the end of the course, students should be able to understand the evolution of European criminal law and value the deep influence of criminal law’s history on the contemporary crimal law.

Program

PART I - THE CRIMINAL TRIAL BETWEEN IUS COMMUNE AND MODERN AGE
The first part of the course aims to analyse the salient characteristics of the criminal trial as appeared in the late Middle Ages and in the Modern Age, by focusing on the widespread success of inquisitorial system and its distinctive elements (Judge's powers, legal position of the accused, evidence), trying to identify some highlights of the change (XVI century, Age of Enlightenment and the French Revolution, etc.).

PART II - CRIMINAL LAW CODIFICATION
The second part of the course will be devoted to the study of the Italian and European criminal law codification in the Eighteenth and Nineteenth centuries, also analysed in its connection with contemporary (from Enlightenment to Liberalism) ideologies, to verify the evolution of institutions already mentioned in the post-revolutionary age and in codification age.

TEACHING METHODOLOGY

Lectures on the main topics of the subject matter to be integrated with the materials provided to the students by the teacher and available in the e-learning platform.

CONTENTS OF THE COURSE:

- Roots of Criminal Law;
- Enlightenment and Absolutism;
- The power to punish and the function of punishment;
- Criminal law consolidations (16th-18th centuries).
- Criminal Law reform (18th century);
- Criminal law codifications (19th century)

TEXTBOOKS

- Attending students

Notes from lessons and the following textbook:
- Il diritto come forza, la forza del diritto. Le fonti in azione nel diritto europeo tra medioevo ed età contemporanea, a cura di A. SCIUMÈ, Torino, Giappichelli, 2012, pp. 1-109 e 151-215.

- Non-attending students

Both of the following textbooks:
- A. CAVANNA, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, II vol., Milano, Giuffrè, 2005, pp. 33-222 e 292-358.
- Il diritto come forza, la forza del diritto. Le fonti in azione nel diritto europeo tra medioevo ed età contemporanea, a cura di A. SCIUMÈ, Torino, Giappichelli, 2012, pp. 1-109 e 151-215.

Examination Methods

Oral exam. Marks are expressed in thirtieths.

Attending students must demonstrate that they have achieved sufficient knowledge on the main topics of the course.

Non-attending students must demonstrate sufficient knowledge of the textbooks.

ERASMUS students are requested to contact the teacher at the beginning of the course in order to properly plan their study. The exam is held in Italian.

Teaching materials e documents

•   programma e testi consigliati (ita/engl)   (msword, it, 43 KB, 29/08/17)