Giurisprudenza | History of roman law

cod. 0160100093

HISTORY OF ROMAN LAW

	0160100093
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/18	9	81	LESSONS	BASIC COMPULSORY SUBJECTS

PROFESSORS

	LUCIA DI CINTIO T Curriculum
	ANNA BOTTIGLIERI Curriculum

	Objectives
	LEARNING OBJECTIVES: THIS TEACHING WILL ENCOURAGE THE STUDENTS TO GAIN A DEEPER KNOWLEDGE AND UNDERSTANDING OF THE ESSENTIAL ASPECTS IN THE PROCESSES OF FORMATION AND CONSOLIDATION OF LEGAL PHENOMENA IN ANCIENT ROME AND WILL PROMOTE THE ABILITY OF THE STUDENTS TO MAKE A CRITICAL COMPARISON BETWEEN ANCIENT AND POSITIVE LAW, WITH PARTICULAR CARE FOR THE CONSTITUTIONAL MUTATIONS OF THE LEGAL SYSTEM, THE ACTIVITY OF THE JURISPRUDENCE, THE PROTECTION OF CIVIL JURIDICAL STATUSES IN TRIAL AND CRIMINAL LAW. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN FORMS OF GOVERNMENT AND JURIDICAL REGULATIONS THAT HAVE CHARACTERIZED THE ROMAN EXPERIENCE, ALLOWING THE UNDERSTANDING OF THE MAIN ASPECTS OF JURIDICAL INSTITUTIONS. THE TEACHING ALSO AIMS AT PROMOTING THE ACQUISITION OF AN ADEQUATE LEGAL LEXICON. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE POLITICAL AND INSTITUTIONAL MUTATIONS OF THE PUBLIC LAW SYSTEM.

LEARNING OBJECTIVES: THIS TEACHING WILL ENCOURAGE THE STUDENTS TO GAIN A DEEPER KNOWLEDGE AND UNDERSTANDING OF THE ESSENTIAL ASPECTS IN THE PROCESSES OF FORMATION AND CONSOLIDATION OF LEGAL PHENOMENA IN ANCIENT ROME AND WILL PROMOTE THE ABILITY OF THE STUDENTS TO MAKE A CRITICAL COMPARISON BETWEEN ANCIENT AND POSITIVE LAW, WITH PARTICULAR CARE FOR THE CONSTITUTIONAL MUTATIONS OF THE LEGAL SYSTEM, THE ACTIVITY OF THE JURISPRUDENCE, THE PROTECTION OF CIVIL JURIDICAL STATUSES IN TRIAL AND CRIMINAL LAW. KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE TEACHING IS TO GIVE THE STUDENTS A GENERAL KNOWLEDGE OF THE MAIN FORMS OF GOVERNMENT AND JURIDICAL REGULATIONS THAT HAVE CHARACTERIZED THE ROMAN EXPERIENCE, ALLOWING THE UNDERSTANDING OF THE MAIN ASPECTS OF JURIDICAL INSTITUTIONS. THE TEACHING ALSO AIMS AT PROMOTING THE ACQUISITION OF AN ADEQUATE LEGAL LEXICON. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE PURPOSE OF THE CLASS IS TO TEACH THE STUDENTS TO USE BASIC TOOLS OF HISTORICAL AND LEGAL RESEARCH. IN PARTICULAR, THE TEACHING AIMS AT PROMOTING IN THE STUDENT THE ABILITY TO ANALYZE AND CRITICALLY/DIACRONICALLY INTERPET BOTH ROMAN AND CONTEMPORARY HISTORICAL AND LEGAL SOURCES, WITH SPECIAL REGARD TO THE POLITICAL AND INSTITUTIONAL MUTATIONS OF THE PUBLIC LAW SYSTEM.

	Prerequisites
	NOTHING

	Contents
	HISTORICAL EVOLUTION OF THE ROMAN CONSTITUTION. CIVITAS, REGNUM, RES PUBLICA. THE LEX DUODECIM TABULARUM. MAKING AND PECULIARITIES OF THE IUS CIVILE. FORMS OF BELONGING, CONTRACTS, DELICTA, OBLIGATIONES, LEGIS ACTIONES. COMITIA, SENATUS, MAGISTRATUS. EXPANSION AND CRISIS OF THE RES PUBLICA. COMMERCIAL ECONOMY, SLAVERY. CIVIL JURISDICTION, PRAETOR, EDICTUM. IUS HONORARIUM, IUS GENTIUM, CONTRACTUS BONAE FIDEI. PERSONAL SUBSTITUTION IN CONTRACTS, ACTIONES UTILES, IURIS DICTIO PER FORMULAS. IURIS PRUDENTIA PONTIFICUM, SECULAR LEGAL SCIENCE, JURISPRUDENCIAL LAW, SCHOOLS OF JURISTS, COMMENTARII AD EDICTUM. LAW AND INTERPRETATION. IUS EX SCRIPTO AND IUS EX NON SCRIPTO. SUCCESSIO MORTIS CAUSA: GENERAL AND PARTICULAR SUCCESSION. AUGUSTUS AND THE PRINCIPATE. PROVINCIAE. CRIMINAL PERSECUTION: IUDICIUM POPULI, CRIMINA, QUAESTIONES PERPETUAE, COGNITIONES EXTRA ORDINEM. CRIMINAL TRIAL IN THE PROVINCIAE: LOCAL AND IMPERIAL POWERS. IURA POPULI ROMANI: LEGES PUBLICAE, SENATUS CONSULTA, RESPONSA PRUDENTIUM, CONSTITUTIONES PRINCIPUM, EDICTA. CHANGES IN THE III CENTURY, CRISIS OF SLAVERY, SEPARATION BETWEEN WEST AND EAST, TETRARCHY OF DIOCLETIAN, ABSOLUTE DOMINATE. OVERCOME OF CONSTANTINE, SACRED POWER AND HOLY LAW, POPES AND EMPERORS, ACTA CONCILIORUM, PERSECUTION OF HERESIES. VULGAR LAW, LEGES ROMANE BARBARORUM. LEGAL COMPOSITIONS BEFORE IUSTINIAN, THE COLLATIO LEGUM MOSAICARUM ET ROMANARUM. LEGAL SYSTEMS OF NEAR ANCIENT EAST. ROMAN AND JEWISH LAW. MAKING OF A LEGAL SYSTEM, CODIFICATIONS. THE CODE OF THEODOSIUS II AND THE CORPUS IURIS CIVILIS. IURA AND LEGES, NEW ARRANGEMENT AND MEANING OF THE CLASSICAL LEGAL SCIENCE, INTERPOLATIONS. ROMAN LAW AND HISTORY OF ROMANISTIC TRADITION.

Contents

HISTORICAL EVOLUTION OF THE ROMAN CONSTITUTION. CIVITAS, REGNUM, RES PUBLICA. THE LEX DUODECIM TABULARUM. MAKING AND PECULIARITIES OF THE IUS CIVILE. FORMS OF BELONGING, CONTRACTS, DELICTA, OBLIGATIONES, LEGIS ACTIONES. COMITIA, SENATUS, MAGISTRATUS. EXPANSION AND CRISIS OF THE RES PUBLICA. COMMERCIAL ECONOMY, SLAVERY. CIVIL JURISDICTION, PRAETOR, EDICTUM. IUS HONORARIUM, IUS GENTIUM, CONTRACTUS BONAE FIDEI. PERSONAL SUBSTITUTION IN CONTRACTS, ACTIONES UTILES, IURIS DICTIO PER FORMULAS.
IURIS PRUDENTIA PONTIFICUM, SECULAR LEGAL SCIENCE, JURISPRUDENCIAL LAW, SCHOOLS OF JURISTS, COMMENTARII AD EDICTUM. LAW AND INTERPRETATION. IUS EX SCRIPTO AND IUS EX NON SCRIPTO. SUCCESSIO MORTIS CAUSA: GENERAL AND PARTICULAR SUCCESSION. AUGUSTUS AND THE PRINCIPATE. PROVINCIAE. CRIMINAL PERSECUTION: IUDICIUM POPULI, CRIMINA, QUAESTIONES PERPETUAE, COGNITIONES EXTRA ORDINEM. CRIMINAL TRIAL IN THE PROVINCIAE: LOCAL AND IMPERIAL POWERS. IURA POPULI ROMANI: LEGES PUBLICAE, SENATUS CONSULTA, RESPONSA PRUDENTIUM, CONSTITUTIONES PRINCIPUM, EDICTA. CHANGES IN THE III CENTURY, CRISIS OF SLAVERY, SEPARATION BETWEEN WEST AND EAST, TETRARCHY OF DIOCLETIAN, ABSOLUTE DOMINATE. OVERCOME OF CONSTANTINE, SACRED POWER AND HOLY LAW, POPES AND EMPERORS, ACTA CONCILIORUM, PERSECUTION OF HERESIES. VULGAR LAW, LEGES ROMANE BARBARORUM. LEGAL COMPOSITIONS BEFORE IUSTINIAN, THE COLLATIO LEGUM MOSAICARUM ET ROMANARUM. LEGAL SYSTEMS OF NEAR ANCIENT EAST. ROMAN AND JEWISH LAW. MAKING OF A LEGAL SYSTEM, CODIFICATIONS. THE CODE OF THEODOSIUS II AND THE CORPUS IURIS CIVILIS. IURA AND LEGES, NEW ARRANGEMENT AND MEANING OF THE CLASSICAL LEGAL SCIENCE, INTERPOLATIONS. ROMAN LAW AND HISTORY OF ROMANISTIC TRADITION.

	Teaching Methods
	ORAL LESSONS. IN ADDITION TO THE LESSONS, SEMINARS AND EXERCITATIONS ON SPECIFIC THEMES WILL BE HELD.

	Verification of learning
	LEARNING ASSESSMENT: THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES.

Verification of learning

LEARNING ASSESSMENT: THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE TEST THE EXAMINER WILL TAKE INTO ACCOUNT ORAL EXPOSITION SKILLS AND IN PARTICULAR THE STUDENT’S LANGUAGE, KNOWLEDGE OF THE TOPICS LISTED IN THE COURSE PROGRAM AND REASONING SKILLS WITH RELATION TO THE QUESTION GIVEN, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGEMENT: GAINING THE SKILL TO CRITICALLY INTERPRET LEGAL ISSUES, INSERTING THEM IN THE SPECIFIC HISTORICAL AND CULTURAL CONTEXT, IN ORDER TO DEVELOP AN AUTONOMOUS CAPACITY OF EVALUATION, ELABORATION AND PROBLEM SOLVING; B) COMMUNICATION SKILLS: ACQUISITION AND USE OF AN APPROPRIATE LEGAL LEXICON; C) LEARNING SKILLS: ACQUISITION AND MASTERY OF THE MAIN HERMENEUTICAL TOOLS OF LAW AND VARIOUS ARGUMENTATIVE TECHNIQUES.

	Texts
	A) F. D'IPPOLITO, F. LUCREZI, PROFILO STORICO ISTITUZIONALE DI DIRITTO ROMANO, III ED., E.S.I., NAPOLI, 2012. B) FR. LUCREZI, IL DEPOSITO IN DIRITTO EBRAICO E ROMANO STUDI SULLA COLLATIO VIII, TORINO 2017- C)FR. FASOLINO, STUDI SULLE USURAE, SALERNO RIST. 2014.