The course is aimed at illustrating the fundamental institutions of Roman public law by studying the various forms of the ancient Roman constitution (monarchy, republic, principate, dominate) within the context of its traditional historic periodization.
Expected learning outcomes
- Capacity for synthesis and for coordinating the issues of Roman legal history within a dynamic view of the legal phenomena; - Capacity for making links through recovery of the historical roots of various modern legal institutions; - Capacity for deepening the acquired knowledge, also through a direct comparison with the main legal and literary sources; - Learning and using concepts and an appropriate legal language.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The course is structured on a 6-credits-program for the first 42 classes hours, and on an additional 3-credits-program for further 21 hours. Students can choose between the 6 credits and the 9 credits course. The 6-credits-course will be dedicated to the analysis of the sources of law, to the constitutional structures, the functioning of the State organs and the criminal prosecution during the development of the Roman legal experience from the ancient period until the Byzantine period. This will allow students to acquire a fundamental knowledge for the comprehension of the principal dynamics of politics and of the development of contemporary public law. During the course, passages from ancient sources and modern authors will be presented and read in class, with the objective of illustrating the development of the Roman constitution. The second part of the course (3 credits) will be dedicated to citizenship and the relationship between Roman and foreign citizens in Ancient Rome, particularly in the first three centuries of the Roman Empire. Analytical program: 6 credits: Historical introduction - The gentilician city-state - The patricio-plebeian city-state - Expansion of Rome - The principate - The absolute monarchy - The Justinianic compilation. Additional 3 credits: The concept of citizenship in Ancient Rome - Acquisition and loss of citizenship and its various forms - The rights and privilegies of the Roman citizen - The Romans and the foreigners - The Constitutio Antoniniana of 212 A.D. - Imperial law and local rights - Citizenship and religious affiliation in Late Antiquity.
Prerequisites for admission
The course has no specific prerequisites.
- G. Scherillo - A. Dell'Oro, Manuale di storia del diritto romano, Milano, Cisalpino, 2010 (p. 52-222, 240-542); - L. Gagliardi, Cesare e le guerre civili, Milano, Solferino, 2019 (p. 63-143); - V. Marotta, La cittadinanza romana in età imperiale (secoli I-III d.C.). Una sintesi, Torino, Giappichelli, 2009 (with the exclusion of pp. 189-193; for the parts named "Fonti, discussioni e bibliografia" only the reading is required).
Assessement methods and criteria
There will be a final written exam with 6 open questions for the 9 credit points exam (test duration: 120 min.). The exam will test students' in-depth knowledge and comprehension of the course contents. In addition to knowledge and understanding of the course material, students will be evaluated according to their ability to appropriately express themselves and effectively communicate technical legal concepts.