The teaching aims to illustrate, in its most salient lines, the history of European legal sources and thought between the eighteenth and twentieth centuries, providing students with the ability to reflect on the main stages of the historical development of the European legal experience and, more in general, on the characteristics of western juridical civilization, as well as the ability to express orally the notions acquired with argumentative coherence, systematic rigor and language properties. The course also aims to provide students with the ability to orient themselves in the complex dialectic between legal sources, institutions and society and to analyze the legal problems of the past, questioning the relationship between law and society also with reference to the present.
Expected learning outcomes
At the end of the course the students will have to know the main stages of the development of law and European legal thought between the eighteenth and twentieth centuries. They will also have to demonstrate that they have acquired an adequate critical capacity on the salient features of European legal events of the last centuries and an adequate ability to communicate autonomous reflections on these events, indispensable in order to be able to perceive and understand today's legal complexity.
Lesson period: Second trimester
(In case of multiple editions, please check the period, as it may vary)
The course aims to illustrate, in its essentials, the evolution of modern and contemporary history of law, even in its connections with the political choices that made up the assumptions, particularly with regard to codification. The emphasis is on reforms that, in the eighteenth and nineteenth centuries, changed the face of European law, resulting in a shift from ius commune to that "codicistico". Some constants are of course referring to the comparative history, extending beyond the national framework in a European perspective and the search for interrelationships between legal history and political and social history.
Prerequisites for admission
Knowledge of the basics of private and public law is required.
During the lessons slides will be screened (available on the Ariel website) that will accompany the study of the textbooks, possibly integrating it with the study of themes and aspects of particular interest. The theoretical training will be accompanied by the examination of texts and documents (available on the Ariel website), presented in the classroom or suggested for individual study or for optional investigations.
The exam will take place on the following textbooks: A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all'età contemporanea, Bologna, Il Mulino, 2016, pp. 411-741; Antonio Padoa Schioppa, Verso la federazione europea? Tappe e svolte di un lungo cammino, Bologna, Il Mulino,2014, dall'inizio del volume fino a pag. 405.
Assessment methods and Criteria
The final exam will be oral. The criteria for the evaluation of the oral exam will take into account the correctness of the contents, the argumentative clarity and the skills of critical analysis and reworking.