Adequate level of general culture.
Frontal lessons; seminars.
The course aims to provide essential informations and to explain the fundamental passages of legal history from the Middle Ages to the early contemporary age.
The course aims to provide knowledge of legal History in Middle and Modern Age. It will help to understand the relative nature of legal systems and laws, particularly with regards to aspects that affect current mentality of jurists. Lessons will select the most significant steps in Medioeval, Modern and Contemporary Law Legal History. The course will also show how legal systems change in connection with ideological, political and economic relations.
The course aims to provide the essential knowledge of medioeval and modern legal experiences and the aptitude to identify phases of discontinuity and constant characters of Law History.
Students must be able to place main events in appropriate context. They should understand the most important features of the various sources of law: constitutions, codes, statutes, customs, documents, judgments etc.
Independent judgment will consist in understanding that law is always a related experience.
Communication skills equate to correct use of language.
Learning skills will be stimulated through active participation in the course and will be evaluated during the final examination.
Antonio PADOA SCHIOPPA, Storia del diritto in Europa. Dal medioevo all’età contemporanea. Seconda edizione, Bologna, il Mulino 2016, pp. 15-659; 692-712
Justinian’s compilation. Legal barbaric systems. Contribution of Church. Origins and elements of feudal society; feudal law. Medioeval legal Renaissance. Glossators and Commentators. Gregorian Reform and Canon Law. Ius commune as legal or case law. Ius commune versus iura propria. Ordo, interpretatio, aequitas. Kingdom of Sicily. Norman-Swabian Law. Federico II’s Constitutions. Reception of ius commune in Europe: France, Spain, Germany. Bartolismus: consilia and communis opinio.
Legal Humanism. Origins of Modern State. Modern Justice: great courts and reports.
Scientific Revolution: legal culture and institutions. Natural Law theories: the most important philosophers; fundamental laws; contradictory contribution to codification. Systematic Humanism. The need for legal certainty in 18th century: consolidations in France and Italy. Legal Enlightenment: Montesquieu, Beccaria, Rousseau. Eighteenth-century reform: statutes and constitutions.
Collapse of old regime. Code Napoléon: debate in legal culture and European effects. Austrian Codes. Historical School: Savigny. Pandectistic School. BGB. Italian States before the unity between two models. Criminal and procedural codes.
After the unity of Italy, unification of codes. Pisanelli’s Code. Civil procedural code. Code of commerce. The question of criminal code. Criminal trial code: liberal guarantees. Rocco’s Codes. Civil Code (1942). Constitutionalism in twentieth century.