History of Mediaeval and Modern Law

Giurisprudenza History of Mediaeval and Modern Law

0160100095
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2018/2019

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
981LESSONS


Objectives
THE COURSE AIMS TO PROVIDE STUDENTS AWARENESS OF THE FUNDAMENTAL IMPORTANCE OF THE CENTURIES VI-XVIII IN THE DEVELOPMENT OF ITALIAN AND EUROPEAN INSTITUTIONAL IDENTITY, AS WELL AS THE ESSENTIAL RELEVANCE OF HISTORICAL-LEGAL MENTALITY FOR ANY FURTHER DEEPENING OR CONSOLIDATION OF ITS TECHNICAL AND CULTURAL TRAINING.
Prerequisites
CONSOLIDATED KNOWLEDGE OF THE ITALIAN LANGUAGE, BOTH WRITTEN AND ORAL; BASIC KNOWLEDGE OF THE HISTORY OF EUROPE; GOOD KNOWLEDGE OF EUROPEAN GEOGRAPHY.
Contents
FROM THE CRISIS OF THE SACRED ROMAN EMPIRE TO LEGAL ILLUMINISM IN THE CONTINENTAL EUROPE.
- ROMAN-BARBARIAN SOURCES (10H OF LESSON).
° SOURCES OF LAW: CUSTOM; FIRST ROMAN-BARBARIAN LAWS; LONGOBARD EDICTS AND FRANKISH CAPITULARS; DYNAMICS OF LEGAL PERSONALISM.

- THE MIDDLE AGES (21H OF LESSON).
° THE HOLY ROMAN EMPIRE; CHRISTIANITAS; THE LEGAL RENAISSANCE; THE IUS COMMUNE FROM THE GLOSS TO THE COMMENT; CANON LAW; THE UTRUMQUE IUS; THE IURISDICTIO.

- THE MODERN AGE (20H OF LESSON).
° FROM UNIVERSALISM TO LEGAL PARTICULARISM; AUTONOMIES: MUNICIPALITIES, LORDS, PRINCIPALITIES; THE FORMATION OF THE ABSOLUTE STATE: THEORIES, STRUCTURES, INSTITUTIONS; THE CRISIS OF THE IUS COMMUNE; THE PRIMACY OF PRAXIS.

- COMPILATIONS AND CODIFICATIONS (30 HOURS OF LESSONS).
° NATURAL LAW; JUS-RATIONALISM; ENLIGHTENMENT; ANTI-JURISPRUDENTIAL CRITIQUE; THE EUROPEAN MONARCHIES, IN PARTICULAR FRANCE AND ENGLAND; CONSOLIDATIONS AS AN EXPRESSION OF LEGAL VOLUNTARISM; THE MODERN CODIFICATIONS: THE NAPOLEONIC CODE, THE AUSTRIAN ABG.
Teaching Methods
TEACHING TAKES PLACE IN THE SECOND SEMESTER OF THE FIRST YEAR AND PROVIDES A TOTAL OF 81 HOURS OF LESSONS.
THE COURSE INCLUDES LECTURES AND EXERCISES HELD BY RESEARCHERS AND RESEARCH FELLOWS IN WHICH SPECIFIC TOPICS ARE EXPLORED.
Verification of learning
THE EXAM CONSISTS OF AN ORAL INTERVIEW, IN WHICH THE STUDENT MUST DEMONSTRATE ABILITY TO ARTICULATE A COMPLEX DISPUTE; ABILITY TO EXPRESS IT WITH CLARITY AND APPROPRIATE LANGUAGE; ABILITY TO INSERT THE EVENTS OF LEGAL HISTORY IN A PRECISE FRAMEWORK OF LOGICAL, CHRONOLOGICAL AND SPACE; ABILITY TO SELECT THE DATA, MEMORIZING WITH PRECISION THE SIGNIFICANT.
THE FINAL MARK IS ATTRIBUTED IN THIRTIETHS. THE EXAM IS CONSIDERED PASSED WHEN THE GRADE IS GREATER THAN OR EQUAL TO 18/30.
THE MINIMUM LEVEL OF EVALUATION (18) IS ASSIGNED WHEN THE STUDENT HAS A FRAGMENTED KNOWLEDGE OF THE THEORETICAL CONTENTS AND SHOWS A LIMITED ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE CONTEXT OF THE STUDY.
THE MAXIMUM LEVEL (30) IS ASSIGNED WHEN THE STUDENT DEMONSTRATES A COMPLETE AND IN-DEPTH KNOWLEDGE OF THE THEORETICAL CONTENTS OR SHOWS A REMARKABLE ABILITY TO LINK THE LEGISLATIVE REFERENCES TO THE STUDY CONTEXT.
PRAISE IS GIVEN WHEN THE CANDIDATE DEMONSTRATES SIGNIFICANT MASTERY OF THE THEORETICAL AND OPERATIONAL CONTENT AND SHOWS HOW TO PRESENT THE TOPICS WITH CONSIDERABLE OWNERSHIP OF LANGUAGE AND AUTONOMOUS PROCESSING SKILLS EVEN IN CONTEXTS DIFFERENT FROM THOSE PROPOSED BY THE TEACHER.
Texts
A. CAVANNA, STORIA DEL DIRITTO MODERNO IN EUROPA, I, LE FONTI E IL PENSIERO GIURIDICO, GIUFFRÉ, MILANO 1982, ESCLUSI LE PP. 410-478 E LE PP. 547-610.
I.DEL BAGNO, THEATRUM IUSTITIAE. ATTI DI UN’ACCADEMIA GIURIDICA NELLA NAPOLI DEL TARDO SETTECENTO, LAVEGLIA&CARLONE, BATTIPAGLIA 2010, PP. III-CXVII.
More Information
TEACHING IS DESIGNED FOR STUDENTS WHO REGULARLY ATTEND.
STUDENTS WHO CANNOT ATTEND WILL PREPARE A PARTIALLY DIFFERENT PROGRAM AND CAN ALWAYS USE THE TEACHER FOR SUPPLEMENTARY EXPLANATIONS.
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