Teaching code

4S01101

Teacher

Carlo Pelloso

Coordinatore

Carlo Pelloso

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

2° periodo di lezioni - febbraio/aprile 2020 dal Feb 10, 2020 al Apr 6, 2020.

Lessons timetable Moodle Seminars

Learning outcomes

The course aims at highlighting Roman criminal law (as far as substance and procedure are con-cerned), with its main features and at enlightening all the continuities and discontinuities existing be-tween past and present. Each lecture will focus on the casuistic and theoretic approaches used by Roman jurists, will deal with the importance of the statutes for the Roman legal system and its be-coming, will get through institutes and principles that make Rome the cradle of the modern and cur-rent European systems, both private and criminal, even before the Illuministic speculations and posi-tive applications.

Program

General part:
- Ius publicum and criminal law (4 h.);
- Monarchy and Republic: civic guaranties (4 h.);
- Assemblies and magistrates (4 h.);
- Crimen and delictum (4 h.);
- criminal comitial trials (4 h.);
- the trial of quaestiones and accusatio (4 h.).
Special part:
- in-depth study on sacertas, iustitium, devotio (6 h.);
- the principle nullum crimen sine lege, the principle in dubio pro reo, individual and corporate liability (6 h.).
In addition to the traditional frontal lectures, the course aims at stimulating the students' ability to use legal reasoning, through their active participation, in particular by soliciting the analysis and discussion of the legal issues presented in class.
Any conferences and/or seminars of interest for the topics dealt with will be reported from time to time during the lectures. The students attending the course may limit their study to the contents and materials of the lessons.

ERASMUS students are kindly requested to contact the Professor at the beginning of the course, in order to arrange the program. The exam will consist in the discussion of a written essay (in Italian or in English) concerning a specific topic agreed with the Professor.

Books
AA.VV., Regole e garanzie nel processo criminale romano, Torino, 2016
L. GAROFALO, Echi del diritto romano nell’arte e nel pensiero, Pisa, 2018 (beyond essays I.1, I.2, II.1, II.2, II.3, the student will choose a further one among I.3, II.4, II.5)

Examination Methods

Assessment’s modalities

Objectives of the examination
Assessing the knowledge of the programme, having regard to the development of a critical reasoning in relation to specific legal problems.

Contents and methods of carrying out the assessment tests
Objectives of the examinations
Objective of the examination is to test the program knowledge, having regard to the student’s ability to develop a critical reasoning on specific legal issues.

Contents and modalities of examinations
After a preliminary written test (three open questions; maximum 45 minutes), the exam will consist in a further oral interview.
The final evaluation shall be expressed in thirtieths (30/30).

Valuation criteria and explanation of the final mark
The final evaluation is expressed in thirtieths (30/30). The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient / discreet knowledge of the contents; the evaluation between 25 and 29 shows a good or very good knowledge of the contents together with commendable critical skills. The evaluation between 30 and 30 cum laude corresponds to a very good or excellent knowledge together with high critical, analytical and connection skills.

Language used in the final exam
Italian