Teaching code

4S000518

Teacher

Giovanni Rossi

Coordinator

Giovanni Rossi

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW

Period

2nd lecture period (2B) dal Apr 3, 2023 al May 23, 2023.

Lessons timetable Moodle Seminars 0

Learning objectives

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.

Prerequisites and basic notions

Being a first year exam, there are no specific prerequisites different from those required for access to the Degree Course.

Program

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;
TEACHING METHODOLOGY
-- For attending students:
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.
-- For non-attending students:
The teaching method adopted consists of ensuring constant support in the study of the recommended texts.

Bibliography

Didactic methods

The teaching method adopted consists of face-to-face lectures (5 CFU = 30 hours) + laboratory activities (1 CFU = 12 hours), streaming by zoom.
The video recordings of the lessons will be available - for all students - in the course moodle.
The status of attending student is obtained exclusively with the presence in the classroom (the real and the virtual, during the workshop lessons) for at least 80% of the lesson hours (34 hours).
*Attending students may exclude the study of Alvazzi Del Frate's book and limit themselves to studying Grossi's book
(as well as lecture notes and materials uploaded on moodle).

Learning assessment procedures

The examination is conducted orally. Attending students must demonstrate at least sufficient knowledge of the topics covered in the course. Non-attending students must demonstrate at least sufficient knowledge of the content of the recommended texts. ERASMUS students are requested to make contact with the lecturer at the beginning of the course in order to correctly set up attendance and/or study activities.

Evaluation criteria

The evaluation is expressed in thirtieths. The following will be assessed: 1) the ability to critically restate the topics covered in class or studied on the indicated texts; 2) the quality of the exposition, including the correct use of the Italian language and, in particular, of legal language.

Criteria for the composition of the final grade

Not relevant to teaching.

Exam language

La prova si svolge in lingua italiana.