Teaching code

4S00324

Teacher

Giovanni Rossi

Coordinator

Giovanni Rossi

Credits

9

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW

Period

2° periodo lezioni (2A), 2° periodo lezioni (2B)

Lessons timetable Moodle Seminars 0

Learning outcomes

The course examines the sources of law in Middle and Modern Ages, in the wider area of political and institutional European history. The course aims at offering to the students the instruments (sources, methods, institutes) required to understand the essential historical perspective of law. At the end of the course, students shall be able to understand the evolution of European Legal History from medieval roots to juridical Humanism and the deep influence of legal history on the modern legal experience. Students will also acquire the appropriate terminology.

Program

PART I - MEDIEVAL LEGAL EXPERIENCE: THEMES AND PROBLEMS
Introductory notions: legal experience; fundamental characteristics of medieval law.
High Middle Ages: Roman-barbarian law; personality of law; territorial customs; feudal law.
Late Middle Ages: commune and statutory law; University and legal science; sources of law and legal systems; concept of 'ius commune'. The transition to the Modern Age: the pragmatic legal system.
PART II - CHARACTERS OF MODERN LEGAL EXPERIENCE
Legal Humanism; national rights; modern state; French experience; André Tiraqueau; 'ordo iuris' in the Early Modern Age; Great European Courts; rationalization of law; law and centralized sovereign power.

TEACHING METHODOLOGY
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.

CONTENTS OF THE COURSE:
- History of Law between 'continuity' and 'discontinuity';
- The concept of legal experience;
- The problem of interpretation;
- The Justinian’s Compilation and his reception in the Western European Countries;
- 'Lex' and 'consuetudo';
- 'Iurisdictio';
- The Church and the Law;
- Medieval universities;
- ‘Dominium directum' and 'dominium utile’;
- The fundamentals of humanistic education;
- Humanism and Encyclopaedism;
- André Tiraqueau between 'mos italicus' and 'mos gallicus'.

TEXTBOOKS
- Attending students
Notes from lessons and the following textbook:
- P. GROSSI, L’ordine giuridico medievale, Roma-Bari, Laterza, 1995 (or reprints).
- G. ROSSI, Incunaboli della modernità. Scienza giuridica e cultura umanistica in André Tiraqueau (1488-1558), Torino, Giappichelli, 2007 (excluding chapter VIII).

- Non-attending students
Both of the following textbooks:
- P. GROSSI, L’ordine giuridico medievale, Roma-Bari, Laterza, 1995 (or reprints).
- G. ROSSI, Incunaboli della modernità. Scienza giuridica e cultura umanistica in André Tiraqueau (1488-1558), Torino, Giappichelli, 2007.

Bibliography

Examination Methods

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.