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

2nd lecture period (2A), 2nd lecture period (2B)

Lessons timetable Moodle Seminars 0

Learning objectives

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.

Prerequisites and basic notions

Being a first-year examination, there are no specific prerequisites other than those required for admission to the degree course.

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
-- 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.
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'.
-- 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 in-presence lectures.
Video recordings of 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 (43 hours).
*Attending students may exclude the study of Chap. VIII of G. ROSSI's volume, "Incunaboli della modernità. Scienza giuridica e cultura umanistica in André Tiraqueau (1488-1558)', while non-attending students are required to prepare for this chapter as well.

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.
*The mid-term examination is reserved for attending students and will take place in the examination period at the end of semester 2A. The test will be written and will consist of 4 free-response and 6 multiple-choice questions. The subject of the test will be the first part of Paolo Grossi's book "L'ordine giuridico medievale" (pp. 1-123). Students will have to demonstrate that they have acquired at least sufficient knowledge of the topics proposed in the part of the volume to be tested. The grade will be expressed in thirtieths and will contribute to the definition of the final grade.

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.