Giurisprudenza | ROMAN CRIMINAL LAW

cod. 0160100045

ROMAN CRIMINAL LAW

	0160100045
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2022/2023

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/18	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

EXAMS

	Exam	Date	Session
	DIRITTO PENALE ROMANO	18/04/2023 - 14:30	SESSIONE DI RECUPERO

	Objectives
	THE TEACHING OF ROMAN CRIMINAL LAW AIMS AT PROMOTING THE AWARENESS AND KNOWLEDGE OF THE ROMAN CRIMINAL LAW, THROUGH THE STUDY OF THE SEVERAL CRIMES AND TRIAL SYSTEMS THAT CHARACTERIZED THE WHOLE ROMAN JURIDICAL EXPERIENCE. WE INTEND TO PROMOTE THE SKILLS OF THE STUDENTS TO COMPARE JURIDICAL EXPERIENCES DISTANT IN TIME, WITH SPECIFIC REGARD TO THE HISTORY OF CRIMINAL LAW. KNOWLEGDE AND UNDERSTANDING: THE OBJECTIVE OF THE TEACHING IS TO PROVIDE A DEEP KNOWLEDGE OF ROMAN CRIMINAL LAW, WITH A CRITICAL STUDY OF ANCIENT SOURCES, BOTH JURIDICAL AND LITERARY. SKILL TO APPLY KNOWLEDGE AND UNDERSTANDING: THE GOAL IS TO PROVIDE THE STUDENT WITH FULL AWARENESS OF THE HISTORICITY OF THE LEGAL PHENOMENON IN RELATION TO THE HISTORICAL DEVELOPMENT OF CRIMINAL LAW, PERFECTING THE SKILL OF HISTORICAL CONTEXTUALIZATION OF JURIDICAL MATTERS.

THE TEACHING OF ROMAN CRIMINAL LAW AIMS AT PROMOTING THE AWARENESS AND KNOWLEDGE OF THE ROMAN CRIMINAL LAW, THROUGH THE STUDY OF THE SEVERAL CRIMES AND TRIAL SYSTEMS THAT CHARACTERIZED THE WHOLE ROMAN JURIDICAL EXPERIENCE. WE INTEND TO PROMOTE THE SKILLS OF THE STUDENTS TO COMPARE JURIDICAL EXPERIENCES DISTANT IN TIME, WITH SPECIFIC REGARD TO THE HISTORY OF CRIMINAL LAW.
KNOWLEGDE AND UNDERSTANDING: THE OBJECTIVE OF THE TEACHING IS TO PROVIDE A DEEP KNOWLEDGE OF ROMAN CRIMINAL LAW, WITH A CRITICAL STUDY OF ANCIENT SOURCES, BOTH JURIDICAL AND LITERARY.
SKILL TO APPLY KNOWLEDGE AND UNDERSTANDING: THE GOAL IS TO PROVIDE THE STUDENT WITH FULL AWARENESS OF THE HISTORICITY OF THE LEGAL PHENOMENON IN RELATION TO THE HISTORICAL DEVELOPMENT OF CRIMINAL LAW, PERFECTING THE SKILL OF HISTORICAL CONTEXTUALIZATION OF JURIDICAL MATTERS.

	Prerequisites
	NONE

	Contents
	PERIODIZATION (2 HOURS) CRIMINA AND DELICTA (6 HOURS) CRIMINAL PUNISHMENT IN ARCHAIC AGE. SACERTAS (8 HOURS) THE XII TABLES (6 HOURS) PROVOCATIO AD POPULUM (4 HOURS) CRIMINAL PUNISHMENT IN REPUBLICAN AGE: COMITIAL TRIAL, QUAESTIONES EXTRA ORDINEM, QUAESTIONES PERPETUAE. THE SINGLE CRIMES AND SANCTIONS (14 HOURS) RHETORIC AND LAW (4 HOURS) CRIMINAL PUNISHMENT IN IMPERIAL AGE: THE SENATORY COGNITIO, THE POWERS OF THE PRINCEPS, IMPERIAL OFFICERS. THE SINGLE CRIMES AND PUNISHMENTS (10 HOURS) CRIMINAL PUNISHMENT IN LATE ANTIQUITY. CRIMES AND SANCTIONS (10 HOURS) PLAGIUM (8 HOURS)

Contents

PERIODIZATION (2 HOURS)
CRIMINA AND DELICTA (6 HOURS)
CRIMINAL PUNISHMENT IN ARCHAIC AGE. SACERTAS (8 HOURS)
THE XII TABLES (6 HOURS)
PROVOCATIO AD POPULUM (4 HOURS)
CRIMINAL PUNISHMENT IN REPUBLICAN AGE: COMITIAL TRIAL, QUAESTIONES EXTRA ORDINEM, QUAESTIONES PERPETUAE. THE SINGLE CRIMES AND SANCTIONS (14 HOURS)
RHETORIC AND LAW (4 HOURS)
CRIMINAL PUNISHMENT IN IMPERIAL AGE: THE SENATORY COGNITIO, THE POWERS OF THE PRINCEPS, IMPERIAL OFFICERS. THE SINGLE CRIMES AND PUNISHMENTS (10 HOURS)
CRIMINAL PUNISHMENT IN LATE ANTIQUITY. CRIMES AND SANCTIONS (10 HOURS)
PLAGIUM (8 HOURS)

	Teaching Methods
	THE TEACHING IS HELD DURING THE SECOND SEMESTER AND CONSISTS IN 72 HOURS OF LESSONS AND TESTS AIMED AT PERIODICALLY VERIFYING THE STUDENTS' LEARNING STATUS.

	Verification of learning
	THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE PERFORMANCE, 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. THE MINIMUM SCORE (18/30) IS GIVEN TO STUDENTS WHO SHOW A SUFFICIENT REASONING SKILL, WITHOUT FALLING INTO THEORETICAL ERRORS, EVEN IF THEY HAVE A FRAGMENTARY AND POTENTIALLY FAULTY KNOWLEDGE OF THE SUBJECT. THE MAXIMUM SCORE (30/30) IS GIVEN TO STUDENTS WHO SHOW A COMPLETE KNOWLEDGE OF THE SUBJECT, HAVING ACQUIRED FULL THEORETICAL AND LEXICAL INSTRUMENTS AIMED AT ORIENTING THEMSELVES AND WITH AWARENESS IN VARIOUS PARTS OF THE PROGRAM, REGARDING THE HISTORICAL EVOLUTION OF JURIDICAL INSTRUMENTS AND INSTITUTIONS IN THE ROMAN JURIDICAL EXPERIENCE. THE MERITH IS GIVEN TO STUDENTS WHO DISTINGUISH THEMSELVES FOR A PARTICULAR ANALYSIS AND TALKING SKILL, HAVING REGARD TO HISTORICAL, JURIDICAL AND LEXICAL PROFILES.

Verification of learning

THE EXAMINATION WILL BE ORAL. IN THE EVALUATION OF THE PERFORMANCE, 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.

THE MINIMUM SCORE (18/30) IS GIVEN TO STUDENTS WHO SHOW A SUFFICIENT REASONING SKILL, WITHOUT FALLING INTO THEORETICAL ERRORS, EVEN IF THEY HAVE A FRAGMENTARY AND POTENTIALLY FAULTY KNOWLEDGE OF THE SUBJECT.

THE MAXIMUM SCORE (30/30) IS GIVEN TO STUDENTS WHO SHOW A COMPLETE KNOWLEDGE OF THE SUBJECT, HAVING ACQUIRED FULL THEORETICAL AND LEXICAL INSTRUMENTS AIMED AT ORIENTING THEMSELVES AND WITH AWARENESS IN VARIOUS PARTS OF THE PROGRAM, REGARDING THE HISTORICAL EVOLUTION OF JURIDICAL INSTRUMENTS AND INSTITUTIONS IN THE ROMAN JURIDICAL EXPERIENCE.

THE MERITH IS GIVEN TO STUDENTS WHO DISTINGUISH THEMSELVES FOR A PARTICULAR ANALYSIS AND TALKING SKILL, HAVING REGARD TO HISTORICAL, JURIDICAL AND LEXICAL PROFILES.

	Texts
	B. SANTALUCIA, LA GIUSTIZIA PENALE IN ROMA ANTICA, IL MULINO, 2013, PP.1-134. AND M. SCOGNAMIGLIO, LEX FABIA. LE ORIGINI DEL PLAGIO, GIAPPICHELLI, 2022, PP. 1-155