History of medieval and modern law

A.Y. 2017/2018
12
Max ECTS
84
Overall hours
SSD
IUS/19
Language
Italian
Learning objectives
Undefined
Expected learning outcomes
Undefined
Course syllabus and organization

Cognomi A-C

Lesson period
Second semester
Storia del diritto medievale e moderno: prima parte
Course syllabus
Course content and purpose
Key elements of legal history in Europe.

Learning objectives
The course addresses the development of legal history in Europe from Middle Ages to present days. It also focuses on the elements, common to various countries, which contributed to the formation of European law, as well as on the diversities among the same. Namely the course focuses the sources of law (customary law, legal science, legal practice and their interaction; civil and criminal justice; the progressive recognition of individuals' rights, the legal professions (namely judges, lawyers, notaries, legislators) since their origins and with reference to the various functions performed in public institutions; the method of legal interpretation; the relationship between law, economy, society and politics in the long run; some specific public and private legal notions.

Deepening of such aspects aims to train the law-students to be familiar with the historical nature of law; to highlight both the rifts and the continuity. It also aims to train them to more and more refined methods of interpretation over the centuries, to acquire critical skills and to be able to discuss both verbally as in writing, demonstrating a good knowledge of the basic features and discernment in terms of diachronic and synchronic comparison between the main facts and events of different ages and countries.

Expected learning outcomes
Applying knowledge and understanding
Students will have to demonstrate that they have acquired appropriate language (both legal and historical-legal), and good skills to turn to the various techniques of legal reasoning, developed over the centuries from common roots, as well as the ability to collect, select and analyze data gradually learned.
The students will get acknowledged of the basic lines of development of European law, and will be able to reflect on the topics covered about the distinctive features of Western legal culture.
In order to acquire such skills, required to pass the final oral exam, the course entails:
1) a self-assessment test on the Ariel web portal aimed at ensuring the possession by each student of the minimum preparation; 2) an interactive dialogue between teacher and students; 3) written non-compulsory exercises for a better assimilation of what is learned in lectures; 4) optional discussions integrated by the examination of documents and sources (shown in the class and anyway downloadable from Ariel web portal); 5) PowerPoint presentations shown during the lessons, which will help

students to approach the textbook and accustom them to focus on what is essential;
6) an (optional) written exercise (Details on how the written exercise will be carried out shall be provided during the lessons; 7) the final oral exam to gain the 12 credits.

Making Judgements
Students will have to demonstrate that they have acquired critical awareness, mental agility, flexibility and ductility of reasoning on the various elements of legal history. They will also gain the ability to provide answers to well-defined theoretical and practical problems in the field of legal history.

Communication skills
Students will have to demonstrate that they are able to express their ideas and views in the field of legal history clearly and concisely, employing a logical order and structure, tailoring contents and style to the audience and promoting free-flowing communication, listening, giving and accepting criticism.
They will be able to explain (both verbally as in writing) to an audience with different backgrounds how legal doctrine and practice have evolved and influenced the structure of the primary legal institutions, as well as the relationships between institutions, intermediate bodies and individuals. Finally they will be able to convey complex ideas in simple terms

Learning skills
Students will have to demonstrate that they have understood and acquired the capacity to manage the various sources of law and institutions in such a way that it can be of use to them should they decide to pursue a postgraduate advanced degree or doctoral degree, whether in Italy or abroad.

Course summary
Roots in the early Middle Ages. The age of the Germanic kingdoms, feudalism: overview.
The age of classical jus commune, 12th-15th centuries: public institutions; the glossators; classical canon law; the commentators; legal praxis and school; local law and particular law; the system of sources; the formation of common law.
The age of absolutism, 16th-18th centuries: constitutional monarchy and types of legal norms; the legal profession and institutions; equity and common law; the 'scuola culta'; practicing jurists; Second Scholasticism; natural law; crisis in the jus commune.
The age of reforms, 18th-19th centuries: law during the Enlightenment; eighteenth- century reforms; law and the French Revolution.
The age of codification, 19th-20th centuries, overview.

Required text:
A. Padoa Schioppa, Storia del diritto in Europa - Dal medioevo all'età contemporanea, seconda edizione, Bologna, Il Mulino 2016, pp. 33-494.

Optional course
An optional course (held by Prof. Angela M. Santangelo) is provided, titled " Between theory and practice: analysis of documents through the centuries (XI-XX century)", whose frequency (without further examination) will enable the acquisition of 3 credits related to "Practical Activities".
Please note:
A detailed course syllabus with all the necessary information, including exam dates, will be handed out at the first lesson. The same syllabus will then be published on the Department's website, as well as on the professor's web page, where all additional information regarding the course will be made available.
Professor Gigliola di Renzo Villata's office hours are on Wednesday from 9. a.m. to 10.30 a.m. from October 2017 until 2018 February 28th. During the period of the course 2017/2018 on Wednesday from 10.30 a.m. to 12.00. a.m.
Any changes will be announced on the Department's website and on the Ariel web portal. Prof. Gigliola di Renzo Villata (gigliola.direnzovillata@unimi.it) http://gdirenzovillatasdmm.ariel.ctu.unimi.it/
Storia del diritto medievale e moderno: prima parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 9
Lessons: 63 hours
Storia del diritto medievale e moderno: seconda parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 3
Lessons: 21 hours

Cognomi D-L

Lesson period
Second semester
Storia del diritto medievale e moderno: prima parte
Course syllabus
Course content and purpose
Fundamentals of the history of European law.
Learning objectives
The course aims to describe the evolution of European law from the Middle Ages to the present day, with a special focus on the invention and development of the means used in that time span to govern, administer justice, determine legality, and defend individual and social rights. The 'historical' nature of law requires those who study it to sharpen their critical and logical thinking skills. In this way, they can first identify the conflicting interests in play at any given time in history, while taking into account the different institutional, economic and social contexts, and then identify the criteria chosen to balance those conflicting interests. Over the course of history, such criteria has been determined by legislators, professors, lawyers and judges, who have all held varying weights and roles in the functioning of domestic and international institutions. Furthermore, a historical perspective on legal studies is of fundamental importance to understanding how contemporary systems have come to be; indeed, teaching such a perspective can highlight both the rifts and the continuity in the mutualistic relationship between sources of laws and institutions.
Other learning objectives include refining students' comparative analysis skills, as well as encouraging students to find connections between legal history and political history, social history and the history of ideas. An additional objective is to analyse some public and private-law institutions. Only by examining the different aspects of legal culture and practice throughout history, including the present day, can students successfully acquire the interpretive skills needed to understand law, both in its entirety and in isolated situations that must be evaluated by looking at the facts on a case by case basis. Furthermore, this type of approach will allow students to become fully aware of the theoretical and practical implications that each institution can have, especially if its diachronic development is correctly analysed.
Expected learning outcomes
Applying knowledge and understanding
Students will have to demonstrate that they have acquired appropriate language and the ability to understand the various techniques of legal reasoning, as well as the ability to collect, examine and select data based on context. Students will also have to know and understand the basic notions underlying the development of European law, and be able to reflect upon the distinctive features of Western legal culture. The above-mentioned skills shall also be achieved through critical reflection on the part of students, which will be stimulated by classroom activities that revolve around texts that have been suggested for individual study or for research.
The acquisition of these abilities will be verified through an optional written exercise. Details on how the written exercise will be carried out shall be provided during the lessons. The course is designed to teach students the ability to reflect on texts and juridical matters by taking an in-depth look at particular cases and issues. To that end, all theoretical subjects shall be accompanied by the following: examination of sources and texts in class, made available for download on the Ariel web portal, and slides projected during the lessons for complete the textbook with the detailed study of specific topics and perspectives.
Making Judgements
Students will have to demonstrate that they have acquired critical awareness, management skills, flexibility, and a capacity for research into the many elements that make up the historical side of law as it relates to the foundations of Western legal knowledge.
Communication skills
Students will have to demonstrate that they are able to write and speak to scholars of historical area about the concepts learned during the course, utilizing coherent argumentation, methodical precision and correct language.
Learning skills
Students will have to demonstrate that they are able to understand the mutualistic relationship between sources of law and institutions. They will also have to demonstrate a strong capacity for analysis and reflection in terms of legal issues, both past and present. Students will have to be able to determine how legal doctrine and practice have evolved in terms of the structure of the primary legal institutions, as well as in the relationships between institutions, intermediate bodies and individuals. Students shall develop this ability in such a way that it can be of use to them should they decide to pursue a postgraduate advanced degree or doctoral degree, whether in Italy or abroad.
Course summary
The first part of this course will focus on the juridical experience during the Middle Ages, which is necessary in order to comprehend the successive periods (modern and post-modern): the Barbarian invasions and the Roman-Barbarian institutions; feudal law; the "juridical presence" of the Church; the legal systems of the Middle Ages; the communal praxis of the Lords. In particular manner, the course will outline the guidelines of the Medieval Period: incompleteness of political power and its relative indifference towards the production of the law; factuality of law; the relevance of the thing (res); equity (aequitas) and custom (consuetudo) as supporting legal aspects; medieval legal science as interpretation (interpretatio); the perfection of the community and the imperfection of the individual; legal pluralism; proper rights and contractual arrangements between living.
The second part of the course will be devoted to the study of modern legal experience: 14th century and genesis of modernity (philosophical and theological voluntarism, social-political-anthropological individualism); Legal humanism; Natural law; Enlightenment and Absolutism. Afterwards, a brief study of the historical-juridical evolution of Anglo-Saxon law (Common law), particular attention will be paid to transition from consolidation (Kingdom of Sardinia, the constitutions of Modena, Prussian Allgemeines Landrecht) to the great codifications: Code civil de français; the Austrian Allgemeines Bürgherliches Gesetzbuch; the German Bürgherliches Gesetzbuch; the Swiss Zivilgesetzbuch; the Codex Iuris Canonici of the Church.
The third part of the course will examine the twentieth century as a time of transition from juridical modernity to postmodernity: the crisis of the State and the rediscovery of "legal complexity"; the "crisis of the modernity" by Santi Romano; European constitutionalism; the European unification process; legal globalization; the crisis of the system sources. Within the context of Postmodernity, primary emphasis shall be given to the analysis of the birth and the development of legal science in its various sectors (commercial law, criminal law, labor law, constitutional law), with particular attention to canonical legal science and the contribution of "legal culture", which has been proposed in the colloquium with other juridical sciences.
Required texts
Attending students:
A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all'età contemporanea, 2 ed., Il Mulino, Bologna 2016, pp. 239-494.
M. Nacci, Storia del diritto e cultura giuridica. La scienza canonistica del Novecento, Aracne, Roma 2017 (the sections recommended by Professor).
Non-attending students:
A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all'età contemporanea, 2 ed., Il Mulino, Bologna 2016, pp. 83-494.
Please note
· All the necessary information about course program, including exam dates, will be handed out at the first lesson. The same information will then be published on the Department's website, as well as on the professor's web page, where all additional information regarding the course will be made available.
· Attendance is recommended because it will permit the student to enjoy the interaction between the explanation of the topics and questions in the classroom and the texts indicated for individual study.
Storia del diritto medievale e moderno: prima parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 9
Lessons: 63 hours
Professor: Nacci Matteo
Storia del diritto medievale e moderno: seconda parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 3
Lessons: 21 hours
Professor: Cassi Aldo Andrea

Cognomi M-Q

Responsible
Lesson period
Second semester
Storia del diritto medievale e moderno: prima parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 9
Lessons: 63 hours
Professor: Storti Claudia
Storia del diritto medievale e moderno: seconda parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 3
Lessons: 21 hours

Cognomi R-Z

Responsible
Lesson period
Second semester
Storia del diritto medievale e moderno: prima parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 9
Lessons: 63 hours
Storia del diritto medievale e moderno: seconda parte
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 3
Lessons: 21 hours