Giurisprudenza | History of roman law

cod. 0160100093

HISTORY OF ROMAN LAW

	0160100093
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2022/2023

PERCORSO UNIQUE CURRICULUM

	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	AUTUMN SEMESTER

TEACHING UNITS

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

PROFESSORS

	GIOVANBATTISTA GRECO T Curriculum
	FRANCESCO FASOLINO Curriculum

EXAMS

Exam	Date	Session
STORIA DEL DIRITTO ROMANO	19/06/2023 - 09:00	SESSIONE ORDINARIA
STORIA DEL DIRITTO ROMANO	14/07/2023 - 09:00	SESSIONE ORDINARIA
STORIA DEL DIRITTO ROMANO	12/09/2023 - 14:30	SESSIONE DI RECUPERO

	Objectives
	THE COURSE INTENDS TO PROVIDE STUDENTS WITH A GENERAL OVERVIEW OF THE HISTORY OF ROMAN LAW AND SPECIFIC REFERENCES TO THE MAIN INSTITUTES OF PUBLIC LAW, PRIVATE LAW AND CRIMINAL LAW DEVELOPED UNDER THE LEGAL EXPERIENCE OF ANCIENT ROME. THE CONTENTS OF THE LESSONS ARE INTENDED TO PAY ATTENTION TO THE HISTORICITY OF THE LEGAL PHENOMENON AND TO PROVIDE USEFUL TOOLS FOR IDENTIFYING THE REASONS FOR CONTINUITY AND DISCONTINUITY THAT CAN BE APPRECIATED BETWEEN PRESENT AND PAST LEGAL PHENOMENA. THE PROPOSED EDUCATIONAL PATH INTENDS TO FAVOR ADEQUATE KNOWLEDGE AND UNDERSTANDING: - OF THE MAIN DEVELOPMENT PHASES OF ROMAN LEGAL HISTORY AND THE CHANGES IN THE INSTITUTIONAL STRUCTURES WHICH HEAD, WITH PARTICULAR REGARD TO THE ORGANIZATION OF POWER CENTERS, THE ROLE OF THE JUDICIARY, THE COMPETENCES AND THE OPERATION OF CIVILIZATIONS OF THE IMPERIAL BUROCRACY. - OF THE SOURCES OF ROMAN LAW IN ORDER TO INDICATE THEIR DEGREE OF RELEVANCE IN THE PRODUCTION OF LEGAL RULES IN A DIACHRONIC AND SYNCHRONIC PERSPECTIVE. - OF THE MAIN INSTITUTES OF PUBLIC AND PRIVATE ROMAN LAW AND THE EVOLUTION UNDERTAKEN BY THEM.

THE COURSE INTENDS TO PROVIDE STUDENTS WITH A GENERAL OVERVIEW OF THE HISTORY OF ROMAN LAW AND SPECIFIC REFERENCES TO THE MAIN INSTITUTES OF PUBLIC LAW, PRIVATE LAW AND CRIMINAL LAW DEVELOPED UNDER THE LEGAL EXPERIENCE OF ANCIENT ROME. THE CONTENTS OF THE LESSONS ARE INTENDED TO PAY ATTENTION TO THE HISTORICITY OF THE LEGAL PHENOMENON AND TO PROVIDE USEFUL TOOLS FOR IDENTIFYING THE REASONS FOR CONTINUITY AND DISCONTINUITY THAT CAN BE APPRECIATED BETWEEN PRESENT AND PAST LEGAL PHENOMENA.

THE PROPOSED EDUCATIONAL PATH INTENDS TO FAVOR ADEQUATE KNOWLEDGE AND UNDERSTANDING:
- OF THE MAIN DEVELOPMENT PHASES OF ROMAN LEGAL HISTORY AND THE CHANGES IN THE INSTITUTIONAL STRUCTURES WHICH HEAD, WITH PARTICULAR REGARD TO THE ORGANIZATION OF POWER CENTERS, THE ROLE OF THE JUDICIARY, THE COMPETENCES AND THE OPERATION OF CIVILIZATIONS OF THE IMPERIAL BUROCRACY.
- OF THE SOURCES OF ROMAN LAW IN ORDER TO INDICATE THEIR DEGREE OF RELEVANCE IN THE PRODUCTION OF LEGAL RULES IN A DIACHRONIC AND SYNCHRONIC PERSPECTIVE.
- OF THE MAIN INSTITUTES OF PUBLIC AND PRIVATE ROMAN LAW AND THE EVOLUTION UNDERTAKEN BY THEM.

	Prerequisites
	NO PREREQUISITES.

	Contents
	CONSTITUTIONAL MODELS (14 HOURS) THE ARCHAIC AGE: THE REX, THE SENATE, THE CITY ASSEMBLIES, THE LEGISLATION OF THE MONARCHIC PERIOD, THE PASSAGE TO THE RES PUBLICA, THE LEGISLATIVE DECEMVIRATE, THE REPUBLICAN JUDICIARY, THE MERCHANT AGE, THE CRISIS OF THE INSTITUTIONS OF THE RES PUBLICA , THE POMPEIAN-CESARIAN LEGISLATION, THE PRINCIPATE, THE IMPERIAL CONSTITUTIONS, THE ADMINISTRATION, THE ANTONINIAN CONSTITUTION, THE DOMINATE, PAGANISM AND CHRISTIANITY. LEGAL SCIENCE (14 HOURS) THE ARCHAIC JURISPRUDENCE, THE PONTIFS, THE LAICISATION OF THE JURISPRUDENCE AND THE REPUBLICAN JURISTS, THE PRETOR'S EDICT, THE LEGAL LITERATURE, THE JURISPRUDENCE AT THE TIME OF THE PRINCIPATE, THE IUS PUBLICE RESPONDENDI , THE COMMENTARIES, THE LATE ANCIENT LAW, THE LAW OF CITATIONS, THE THEODOSIAN CODE, THE ROMAN-BARBARIAN LAWS, THE CORPUS IURIS CIVILIS. PRIVATE LAW (14 HOURS) LEGAL SUBJECTIVITY: I PATRES, IUS QUIRITIUM, IUS CIVILE, IUS PRIVATUM, ENDO-FAMILY RELATIONSHIPS, OWNERSHIP AND FORMS OF BELONGING, DOMINICA POTESTAS AND MANUMISSIONES, ESTATE LAW, ARCHAIC NEGOTIALITY, IUS HONORARIUM, IUS GENTIUM, NOVA NEGOTIA, LEGIS ACTIONES AND FORMULAR PROCESS, COGNITIO EXTRA ORDINEM IN PRIVATE MATTERS, THE EXPERIENCES OF CODIFICATION, THE ECCLESIASTICAL PROPERTY, THE ROMAN-BARBARIAN LAWS. CRIMINAL REPRESSION (14 HOURS) ENDO-FAMILY REPRESSION, PRIVATE REVENGE, CRIME AND DELICTA, 'SACERTAS', PROVOCATIO AD POPULUM, IUDICIUM POPULI, XII TABLES, QUAESTIONES EXTRAORDINARIAE AND PERPETUAE, REPRESSIVE COMPETENCES OF THE SENATE, COGNITIONES EXTRA ORDINEM, INQUISITION AND ACCUSATORY PROCESS, ORDINARY AND RELIGIOUS CRIMES AND RESPECTIVE PUNISHMENTS. SPECIAL IN-DEPTH TOPICS (16 HOURS) CRIMINAL REPRESSION IN THE PRINCIPATE AND THE DOMINATE, THE FUNCTION OF PENALTY, LAW AND HISTORY, IUS PUBLICUM-IUS PRIVATUM DICHOTOMY, LEGAL COMMUNICATION, 'STRENGHT' AND 'POWER', HUMANITAS.

Contents

CONSTITUTIONAL MODELS (14 HOURS)
THE ARCHAIC AGE: THE REX, THE SENATE, THE CITY ASSEMBLIES, THE LEGISLATION OF THE MONARCHIC PERIOD, THE PASSAGE TO THE RES PUBLICA, THE LEGISLATIVE DECEMVIRATE, THE REPUBLICAN JUDICIARY, THE MERCHANT AGE, THE CRISIS OF THE INSTITUTIONS OF THE RES PUBLICA , THE POMPEIAN-CESARIAN LEGISLATION, THE PRINCIPATE, THE IMPERIAL CONSTITUTIONS, THE ADMINISTRATION, THE ANTONINIAN CONSTITUTION, THE DOMINATE, PAGANISM AND CHRISTIANITY.
LEGAL SCIENCE (14 HOURS)
THE ARCHAIC JURISPRUDENCE, THE PONTIFS, THE LAICISATION OF THE JURISPRUDENCE AND THE REPUBLICAN JURISTS, THE PRETOR'S EDICT, THE LEGAL LITERATURE, THE JURISPRUDENCE AT THE TIME OF THE PRINCIPATE, THE IUS PUBLICE RESPONDENDI , THE COMMENTARIES, THE LATE ANCIENT LAW, THE LAW OF CITATIONS, THE THEODOSIAN CODE, THE ROMAN-BARBARIAN LAWS, THE CORPUS IURIS CIVILIS.
PRIVATE LAW (14 HOURS)
LEGAL SUBJECTIVITY: I PATRES, IUS QUIRITIUM, IUS CIVILE, IUS PRIVATUM, ENDO-FAMILY RELATIONSHIPS, OWNERSHIP AND FORMS OF BELONGING, DOMINICA POTESTAS AND MANUMISSIONES, ESTATE LAW, ARCHAIC NEGOTIALITY, IUS HONORARIUM, IUS GENTIUM, NOVA NEGOTIA, LEGIS ACTIONES AND FORMULAR PROCESS, COGNITIO EXTRA ORDINEM IN PRIVATE MATTERS, THE EXPERIENCES OF CODIFICATION, THE ECCLESIASTICAL PROPERTY, THE ROMAN-BARBARIAN LAWS.
CRIMINAL REPRESSION (14 HOURS)
ENDO-FAMILY REPRESSION, PRIVATE REVENGE, CRIME AND DELICTA, 'SACERTAS', PROVOCATIO AD POPULUM, IUDICIUM POPULI, XII TABLES, QUAESTIONES EXTRAORDINARIAE AND PERPETUAE, REPRESSIVE COMPETENCES OF THE SENATE, COGNITIONES EXTRA ORDINEM, INQUISITION AND ACCUSATORY PROCESS, ORDINARY AND RELIGIOUS CRIMES AND RESPECTIVE PUNISHMENTS.
SPECIAL IN-DEPTH TOPICS (16 HOURS)
CRIMINAL REPRESSION IN THE PRINCIPATE AND THE DOMINATE, THE FUNCTION OF PENALTY, LAW AND HISTORY, IUS PUBLICUM-IUS PRIVATUM DICHOTOMY, LEGAL COMMUNICATION, 'STRENGHT' AND 'POWER', HUMANITAS.

	Teaching Methods
	THE COURSE WILL BE ACTIVATED IN THE FIRST SEMESTER OF THE FIRST YEAR AND WILL HAVE A TOTAL DURATION OF 81 HOURS OF LESSON. IT WILL BE ARTICULATED IN LECTURES AND SEMINARS DEDICATED TO DEEPENING THE MOST COMPLEX TOPICS.

	Verification of learning
	THE LEVEL OF LEARNING ACHIEVED WILL BE VERIFIED THROUGH AN ORAL INTERVIEW DURING WHICH THE EXAMINED WILL BE REQUESTED TO PROVE TO KNOW THE ROMAN CONSTITUTIONAL STRUCTURES IN RELATION TO THE VARIOUS PERIODS AND THE MAIN PRINCIPAL LAWS. SPECIFIC QUESTIONS WILL CONCERN SPECIAL TOPICS. THE FINAL VOTE, EXPRESSED IN THIRTIES, IS AWARDED BY CONSIDERING JOINTLY PROFILES SUCH AS THE RESPONSE OF THE CANDIDATE'S EXPOSURE TO THE PROPOSED TOPICS, THE ACCURACY OF THE CONTENTS, THE EXPRESSIVE PROPERTY AND THE CRITICAL APPROACH. THE PRAISE MAY BE RECOGNIZED WHEN THE STUDENT, TO EXCELLENCE UNDER THE PROFILES INDICATED ABOVE, ACCOMPANIES THE ABILITY OF AUTONOMOUS REPRODUCTION OF THE LEARNED CONTENT.

Verification of learning

THE LEVEL OF LEARNING ACHIEVED WILL BE VERIFIED THROUGH AN ORAL INTERVIEW DURING WHICH THE EXAMINED WILL BE REQUESTED TO PROVE TO KNOW THE ROMAN CONSTITUTIONAL STRUCTURES IN RELATION TO THE VARIOUS PERIODS AND THE MAIN PRINCIPAL LAWS. SPECIFIC QUESTIONS WILL CONCERN SPECIAL TOPICS.
THE FINAL VOTE, EXPRESSED IN THIRTIES, IS AWARDED BY CONSIDERING JOINTLY PROFILES SUCH AS THE RESPONSE OF THE CANDIDATE'S EXPOSURE TO THE PROPOSED TOPICS, THE ACCURACY OF THE CONTENTS, THE EXPRESSIVE PROPERTY AND THE CRITICAL APPROACH. THE PRAISE MAY BE RECOGNIZED WHEN THE STUDENT, TO EXCELLENCE UNDER THE PROFILES INDICATED ABOVE, ACCOMPANIES THE ABILITY OF AUTONOMOUS REPRODUCTION OF THE LEARNED CONTENT.

	Texts
	MAIN SECTION F. D'IPPOLITO - F. LUCREZI, PROFILO STORICO-ISTITUZIONALE DI DIRITTO ROMANO, ESI, NAPOLI, 2018. SPECIAL IN-DEPTH TOPICS A BOOK TO CHOOSE BY THE STUDENT BETWEEN: 1) F. FASOLINO, POLITICHE E STRUMENTI DELLA REPRESSIONE CRIMINALE DA AUGUSTO A GIUSTINIANO, GIAPPICHELLI, TORINO, 2020. 2) M.D'ORTA, DIRITTO E STORIA. PERCORSI IN SINERGIA, GIAPPICHELLI, TORINO, 2020. 3) F. LUCREZI, LA GIURISPRUDENZA IN DIRITTO EBRAICO E ROMANO. STUDI SULLA "COLLATIO" X, GIAPPICHELLI, TORINO, 2022.

Texts

MAIN SECTION
F. D'IPPOLITO - F. LUCREZI, PROFILO STORICO-ISTITUZIONALE DI DIRITTO ROMANO, ESI, NAPOLI, 2018.

SPECIAL IN-DEPTH TOPICS
A BOOK TO CHOOSE BY THE STUDENT BETWEEN:

1) F. FASOLINO, POLITICHE E STRUMENTI DELLA REPRESSIONE CRIMINALE DA AUGUSTO A GIUSTINIANO, GIAPPICHELLI, TORINO, 2020.

2) M.D'ORTA, DIRITTO E STORIA. PERCORSI IN SINERGIA, GIAPPICHELLI, TORINO, 2020.

3) F. LUCREZI, LA GIURISPRUDENZA IN DIRITTO EBRAICO E ROMANO. STUDI SULLA "COLLATIO" X, GIAPPICHELLI, TORINO, 2022.