Teaching code

4S01101

Teacher

Carlo Pelloso

Coordinator

Carlo Pelloso

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/18 - ROMAN AND ANCIENT LAW

Period

2° periodo di lezioni - aprile/maggio 2018, 2° periodo di lezioni - febbraio/marzo 2018

Lessons timetable Moodle Seminars 0

Learning outcomes

The course aims at highlighting Roman criminal law (as far as substance and procedure are concerned), with its main features and at enlightening all the continuities and discontinuities existing between 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 becoming, will get through institutes and principles that make Rome the cradle of the modern and current European systems, both private and criminal, even before the Illuministic speculations and positive applications.

Program

Preliminary and preparatory exam: Institutions of Roman Law

General part:

- Crimen and delictum (2 h.);
- the principle nullum crimen sine lege (2 h.);
- criminal comitial trials (12 h.);
- the trial of quaestiones and accusatio (6 h.);
- republican civic guarantees (4 h.);
- the principle in dubio pro reo (2 h.);
- individual and corporate liability (2 h.).

Special part:
- in-depth study on sacertas, iustitium, devotio (6 h.).

Besides traditional lectures, Roman law classes aim at stimulating student’s legal reasoning through active participation, particularly encouraging analysis and discussion of the legal issues emerging from ancient sources .

Any conference and/or seminar of interest will be communicated during the class hours.

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

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).

Teaching materials e documents

•   programma e testi consigliati (ita/engl)   (msword, it, 35 KB, 11/08/17)