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Course description |
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Law is a product of history. Therefore, the education of tomorrow's jurist cannot be without legal history.
The analysis of the possible variations of law during the course of history allows to understand the origins of many of the modern institutes and, at the same time, to have a critical approach to law, in opposition to dogmatic disciplines.
The legal solutions are determined by situations related to the historical period in which they are produced. |
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Objectives |
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The course aims to provide students with basic instruments to understand the method of historical and legal analysis, to describe and to distinguish the different phases of the western legal history and to connect events, concepts and institutes, sometimes distant in the course of time, but often intimately related. |
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Program |
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The course offering focus on many of the more important moments of the western legal history, from the end of ancient world until the codifications of 1800's and the schools of teaching that support them.
We will pay specific attention to medieval legal history and the Ius Commune's system. Indeed, this is the workshop for building european modern legal identity.
If we look at this course from the chronological point of view, we can divide it in three parts: High Middle Ages (end of the western roman empire and roman-barbaric reigns, vulgar law, Corpus Iuris Civilis Iustinianei, Longobards, Carolingian empire, feud); Low Middle Ages (legal Reinassance and university, canon law, Ius Commune and Iura Propria, legal Umanism and crisis of the Ius Commune); Modern Age (State and law in the modern Europe, Natural law, legal Enlightment, Bourgeois Codifications, Historical School and Pandectists). |
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Book |
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Manlio BELLOMO, "Società e diritto nell’Italia medievale e moderna", Roma: Il Cigno, 2002, EXCLUDED chapter 2 of the first part: L’Italia verso Oriente and chapter 4 of the second part Il “Regnum Siciliae” .
Students have to study paragraphs 1-2-3 of this chapter: La costituzione del “Regnum Siciliae”; Sul piano degli ideali; La “Apostolica Legazia”. Many arguments have to complete with scanned materials or on line materials. Particularly, students must read: - Emanuele CONTE, "Per una storia del diritto medievale nel XXI secolo", in “Eadem utraque Europa”, 4.7 (2008), pp. 57-86. - Ennio CORTESE, "Le grandi linee della storia giuridica medievale", Roma: Il Cigno, 2000, cap. 1, pp. 15-40. |
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Exercises |
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Students will have the possibility to verify the understanding level through questions related to lesson's contents. |
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Professor |
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Professor not available
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