Scientific Disciplinary Sector (SSD)
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW
1° periodo lezioni (1B) dal Nov 4, 2022 al Dec 16, 2022.
The course aims to recognize the theoretical foundations of modern and contemporary constitutions and codifications and the basis of the present legal order, to determine the inter-individual relationships and the relations among state powers. Constitutions and codes reproduce and interpret all the innovations and limits that mark originality and vitality within a stated historical experience. It follows that the legal order seems to be the result of a long time ‘negotiation’ indispensable to social peace and to the satisfaction of private and public interests. At the end of the course, students should be able to understand the evolution of modern and contemporary codifications and constitutions and value the deep influence of legal interpretation in order to protect basic rights.
Prerequisites and basic notions
Prior knowledge acquired in the History of Medieval and Modern Law Course is required
PART I - Interpretative lines of the major modern codes
The first part of the course aims to investigate, in a diachronic line, the historical-legal significance of the concept and process of codification, through the study of the main 18th-century consolidations and the 19th-century codifications. Particular attention will be paid to:
1) to the (legal and political) significance of codes in legal modernity, in relation to the previous common law experience;
2) to the typifying features of codification and its European spread;
3) the crisis in the fortunes of codes in contemporary times;
4) the theme/problem of the judge's role in the interpretation of the law.
PART II - Modern Constitutions between the Old and the New World
The second part of the course will be devoted to the analysis of the theoretical foundations of medieval and modern constitutions, the latter formed in the aftermath of the French and American Revolutions. In particular, the elements of continuity between the modern and contemporary constitutional experience will be emphasised, in the light of the complex relationship between 'law', 'freedom' and 'limitation', as designed by the legal Enlightenment and, in particular, by modern contractualism. The main documents of modern and contemporary constitutionalism will be examined. With specific reference to the Italian Constitution, emphasis will be placed on the relationship between the constitutional text and its historical realisation, with particular attention to the concrete realisation of constitutionally protected rights.
The teaching programme envisages, in detail, the presentation and discussion of the following topics
- Doctrinal foundations of modern and contemporary codifications and constitutions;
- Justice, law, law between the Middle Ages and Modernity;
- Consolidations, codifications and constitutions: elements for a legal-historical definition;
- Code: the writing of the legal rule; the unifying function; the idea of completeness;
- The evolution of the idea of code in Modernity. Codification and Enlightenment;
- The codifications of natural law: the Austrian Code of 1811 and the Code civil of 1804;
- Codification and interpretation;
- At the roots of modern constitutionalism: doctrinal foundations of liberties;
- Modern Contractualism and the Charters of Rights;
- Constitutional order and the 'primacy' of the legislative;
- The democratic constitutions of the 20th century.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The teaching method adopted consists of lectures.
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 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.
La prova si svolge in lingua italiana