Teaching code

4S00324

Teacher

Cecilia Pedrazza Gorlero

Coordinator

Cecilia Pedrazza Gorlero

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: notion of legal experience; founding features of medieval law. The early medieval roots: Roman-Barbaric legislation; principle of the personality of law; formation of new territorial customs; formation and development of feudal law. The late medieval fruits: birth of the communes and statutory law; birth of the university and flourishing of late medieval legal science; pluralism of the sources of law and plurality of legal systems in the Middle Ages; concept of ius commune. The transition to the modern age: the age of the pragmatisation of law.
PART II - Characteristics of modern legal experience
Legal humanism; the development of autonomous national laws; the emergence of the modern State; the French experience, studied through the original and typical work of André Tiraqueau; the ordo iuris in the early modern age; the European Grand Tribunals; the trend towards the rationalisation of the sources of law; the progressive centralisation of the production of legal norms in the hands of the sovereign. TEACHING METHODS For attending students The teaching method adopted consists of frontal lessons devoted, in particular, to the following topics: - The history of law between 'continuity' and 'discontinuity'; - The concept of legal experience; - Interpretation as a historical-legal theme/problem; - The Justinian Compilation and its reception in the West; - 'Lex' and 'consuetudo'; - Political power as 'iurisdictio'; - The Church and law; - The School of the Glossa and the School of Commentary; - Real situations and the theory of divided dominion; - Foundations of humanistic education; - Humanism and encyclopaedism; - André Tiraqueau between 'mos italicus' and 'mos gallicus'.

Bibliography

Didactic methods

The teaching method adopted consists of 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.