Course content and purpose
Key elements of legal history in Europe.
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.
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.
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
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.
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.
A. Padoa Schioppa, Storia del diritto in Europa - Dal medioevo all'età contemporanea, seconda edizione, Bologna, Il Mulino 2016, pp. 33-494.
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".
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 (email@example.com