History of the legal professions

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/19
Language
Italian
Learning objectives
The course aims to provide students critical tools in order to understand the historical development of European legal profession, finding continuities and discontinuities between past and present.
The learning objective of the course, therefore, is to illustrate the dynamics leading to the discipline of legal profession nowadays, especially focusing on the organization and the rules of legal profession from the 12th to the 20th century.
Expected learning outcomes
At the end of the course, students will have to demonstrate
- to know the notions underlying the development of legal profession from the Middle Ages to modern period (Knowledge and understanding)
- the ability to reflect upon the distinctive features of legal profession in different historical contexts (Applying knowledge and understanding)
- critical awareness of the role of lawyers in the evolution of European law and on the different matters related to legal profession in historical perspective, through optional written exercises (Making Judgements).
- to write and to speak about the concepts learned during the course, with appropriate language and methodical precision (Communication skills).
- to understand the relationship between advocacy and judiciary, on the one hand, and politics and society, on the other hand, and also a strong capacity for comparing the past and present (Learning skills)
Course syllabus and organization

Single session

Lesson period
Second semester
Course syllabus
The course aims at describing the historical evolution of legal profession from the Middle Ages to the modern period.
The legal profession is still one of the traditional vocational opportunities for law graduates. The social and economic changes nowadays have transformed the exercise and the organization of the legal profession, thus urging to consider the specific function of the legal profession in historical perspective, as the several studies on the history of lawyers carried out in recent years demonstrate.
The course will focus on the history of legal profession, from the twelfth centuries, until the twentieth century.
Particular attention will be devoted to the organization and the rules of the legal profession from the Middle Ages to the modern period, to the role of lawyers, both as individuals and as a class, in the development of law and institutions and to the relationship between legal profession, on one hand, and politics, society and economics, on the other.
Some crucial issues in the past and current discipline of legal profession, such as the role of the defense in the criminal trial and the formation of the rules of legal ethics, the relationship between advocacy and judiciary, the debate over the access to the profession will be investigated and discussed.
-Legal profession from the Middle Ages to the Early Modern period (12th - 18th century): advocates and procurators; barristers and solicitors; guilds of judges and lawyers and guilds of notaries in the Middle Ages and Early Modern period; the rise of legal ethics; the defense in the criminal trial during the Ancien Regime; lawyers in French revolution and Napoleonic period.
-Legal profession in the Liberal Age (19th century): lawyers in Age of Restoration; the defense in the 1865 code of criminal procedure; the Law 8 June 1874 n. 1938 (the establishment of the ordini degli avvocati); advocacy and judiciary in the 19th century.
-Legal profession from fascism to republic (20th century): the defense in the 1913 and 1930 codes of criminal procedure; the discipline of legal profession during fascism (1926-1933); after the Constitution: the defense in the reform of 1955 and in the judgements of the Constitutional Court; advocacy and judiciary in the 20th century; the debates over the codification of legal ethics and the access to the profession.
Prerequisites for admission
As requested by the didactic regulation: in particular, Institutions of Private Law and Constitutional Law are prepararory
Teaching methods
Attendance to classes is strongly recommended although not compulsory. The teaching is delivered through frontal lectures aimed primarily at the acquisition of knowledge and competence of the subject. Discussion with the teacher in the classroom on case studies is integrant part of the didactic method and aims at promoting a critical attitude and the capacity to argumentation.
The teaching is also based on didactic material and sources provided on Ariel.
Teaching Resources
For attending students teaching materials and texts will be available on the Ariel web portal.
For not-attending students, the exam will take place on the textbook for the academic year 2019/20 containing the following essays:
1. A. Padoa Schioppa, Brevi note sull'avvocatura nell'età del diritto comune (pubbl. in Un progetto di ricerca sulla storia dell'avvocatura, a cura di G. Alpa, R. Danovi, Bologna, Il Mulino, 2003, pp. 41-53);
2. E. Dezza, L'avvocato nella storia del processo penale (pubbl. in Un progetto di ricerca sulla storia dell'avvocatura, a cura di G. Alpa, R. Danovi, Bologna, Il Mulino, 2003, pp. 111-134);
3. C. Storti, Avvocati milanesi tra Austria e Italia (pubbl. in Sapere accademico e pratica legale fra Antico Regime ed unificazione nazionale, a cura di V. Piergiovanni, Genova, Accademia Ligure di Scienze e Lettere, 2009, pp. 352-399 e in Avvocati e avvocatura nell'Italia dell'Ottocento, a cura di A. Padoa Schioppa, Bologna, Il Mulino, 2009, pp. 271-321)
4. C. Cavagnari, E. Caldara, Avvocati e procuratori, edizione a cura di G. Alpa, Bologna, Il Mulino, 2004 (limitatamente alle pp. 7-35 e 157-357)
5. M.N. Miletti, Uno "zelo invadente". Il rifiuto della pubblicità istruttoria nel c.p.p. del 1913 (pubbl. in Processo penale e opinione pubblica, a cura di F. Colao, L. Lacchè e C. Storti, Bologna, Il Mulino, 2008, pp. 227-262)
The textbook can be purchased in an appointed copyshop (further information will be available on the Ariel web portal).
Assessment methods and Criteria
- Method: oral exam
- Type of examination: oral interrogation
- Evaluation criteria: capacity to demonstrate and elaborate knowledge; quality of exposition, efficacy, clarity; the use of specialised lexicon; capacity for critical reflection
- Type of evaluation method: mark in 30s
- For students attending the course, an optional mid-term assessment: a written test with open questions (2 hours length) will take place at half term.
The results of the written examination will be communicated by Ariel site.
The final evaluation will comprise by the rounded average of the marks of the written test and the oral interrogation.
The format of the exam for students with disabilities should be arranged in advance with the professor, as well as the relevant office.
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours