Teaching code

4S009878

Teacher

Cecilia Pedrazza Gorlero

Coordinator

Cecilia Pedrazza Gorlero

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW

Period

2° periodo lezioni (2A) dal Feb 12, 2025 al Mar 25, 2025.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is aimed to provide the student with the understanding of the historical process that led, between the nineteenth and twentieth centuries, to the progressive creation of an apparatus of bodies and entities conventionally referred to as "Public Administration" and the concrete organisational forms and operational methods adopted over time. An apparatus, governed for the most part by its own specific law (administrative law), intended to allow the State to intervene in an increasingly numerous series of areas, to satisfy and protect the interests and rights of citizens identified as worthy of particular attention, so that their pursuit becomes at the same time a public interest, entrusted to the activity of the Public Administration.

At the end of the course, the student will be able to set out and give written and oral solutions to legal issues, by comparing the technical notions provided by the positive disciplines with those arising from the study of "Public Administration" in a historical key; to develop correct lines of reasoning and argumentation, with the acquisition of an appropriate and specific jargon; to formulate autonomous judgments on actual cases, demonstrating to have acquired a method based on continuous learning and updating of knowledge.

Prerequisites and basic notions

Elements of the History of Law in the Contemporary Age is required.

Program

The course aims to investigate, in a diachronic line, the evolution of public administration in Italy between the 19th and 20th centuries and the contextual evolution of administrative law.
In particular, the following topics will be addressed:
- Corporate administration in the Middle Ages;
- Public power between 'State-equilibrium' and 'State-legislation': from the Middle Ages to the Modern Age;
- Iurisdictio' and 'imperium' in the Modern Age;
- The 'administrative monarchy' between the 16th and 17th centuries;
- The French Revolution and the crisis of the corporate society;
- The administrative model in the age of the French Revolution;
- The early 19th century and the Napoleonic administration;
- The birth of a discipline: administrative law;
- The second 19th century: the administration of justice;
- Paths of judicial administration;
- The Council of State as an administrative judge;
- Public power, public service in the Province-State;
- From the beginning of the 20th century to the 1930s: administrative law between tradition and innovation;
- Administrative law and constitutional values.

Bibliography

Didactic methods

The course consists of a combination of 30 hours of lectures and 12 hours of group exercises. The laboratory activity will be carried out online (via the Zoom platform) and will be divided into 3 sessions of 4 hours each. The students - organised in groups of a minimum of 2 and a maximum of 4 people - will be assigned to study one of the materials uploaded in the "Laboratory" section of the course Moodle. During the meetings the students will present the content of the studied material to the virtual classroom. This will be followed by a discussion between the lecturers and the class, coordinated by the lecturer. Finally, each student will prepare a summary of the material studied, which will be handed in to the teacher at the end of each session. The presentation, the class discussion and the abstract will be assessed and will contribute to the final grade.
Video recordings of the lectures will be available - for all students - in the course moodle.
The status of attending student is only obtained with classroom attendance of at least 80% of the lecture hours.
The study of the recommended text is compulsory a) for attending students, limited to pages 305-528; b) for non-attending students, limited to pages 225-528.

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 text. 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 in the texts indicated; 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

For attending students, the final mark will be distributed as follows
- Oral exam on topics covered during the course (60%)
- Paper and presentation of group work (40%, of which 20% for the presentation in the virtual classroom and 20% for the final paper).

Exam language

La prova si svolge in lingua italiana.