Elements of legal history in the contemporary age
Scientific Disciplinary Sector (SSD)
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW
2° periodo lezioni (2B) dal Apr 4, 2022 al May 20, 2022.
The course is intended to provide the student with the knowledge of the historical dimension of law, through the study of law in the contemporary age, that is the period of time running from the end of the Ancient Regime to the ‘900.
At the end of the course, the student will be able to elaborate on legal issues, in both written and oral forms, coordinating the technical notions provided by the positive legal sources with those deriving from the development of the legal phenomenon, as established in the recent past. The student will be also able to develop proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.
The course focuses, within an institutional perspective, on the history of law in the Contemporary Age - from the years following the Old Regime, to the late eighteenth century and up to the twentieth century. With reference to the legal field and sources, this period is marked by a profound renewal, encouraged by the French Revolution, with the advent of modern codes and with the rising of the liberal state. The course will also outline the evolution of the judiciary from the late eighteenth century to the twentieth century, highlighting the "transition" characterization of the twentieth century, towards a new legal postmodern order.
CONTENTS OF THE COURSE:
- the political and philosophical attack on Ancien Régime and the crisis of the old legal system;
- Justice and Law between the Middle Ages and the Modern Age;
- eighteenth century consolidations and modern codifications;
- evolution of the modern concept of code;
- the French Civil Code of 1804 and the Austrian Civil Code of 1811;
- charters of rights and freedoms;
- modern constitutionalism;
- constitutional experiences in Italy and Germany during the XXth century;
- the German Pandectists in the 19th century and the role of Roman Law;
- the birth and the development of the labour law;
- the social legislation between industrial revolution and fascism;
- the totalitarian legislation of fascism;
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.
Oral exam. Students who successfully pass the written exam must take the 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.