Roman Law and Contemporary History Law
A.Y. 2019/2020
Learning objectives
- Acquiring a basic knowledge of the periods of Roman law and of the developement of the main law institutes; understanding and retracing the general framework of history of law in Europe in connection to the main events that have characterized the political, religious, economic and social history of Europe.
- Developing the ability to recognize the juridical principles of Roman law and to apply them, if possible, also in the context of the modern law; developing analytic and synthesis skills in reconstructing the stages of the European law history.
- Acquiring the ability to analyse practical cases, to identify sustainable juridical solutions and the main points of each topic.
- Managing logical tools to learn and organize a juridical argument; setting out concepts in a clear, correct and logical way.
- Linking the different topics of the course, understanding the fundamental aspects of the historical evolution of the sources of law, of institutions and of legal theories amongst Roman Age, Middle Age and Modern Age.
- Developing the ability to recognize the juridical principles of Roman law and to apply them, if possible, also in the context of the modern law; developing analytic and synthesis skills in reconstructing the stages of the European law history.
- Acquiring the ability to analyse practical cases, to identify sustainable juridical solutions and the main points of each topic.
- Managing logical tools to learn and organize a juridical argument; setting out concepts in a clear, correct and logical way.
- Linking the different topics of the course, understanding the fundamental aspects of the historical evolution of the sources of law, of institutions and of legal theories amongst Roman Age, Middle Age and Modern Age.
Expected learning outcomes
At the end of the course the student will be able to master the basic law principles, will know the main Roman institutes and will be able to usefully apply the reasoning to solve real cases and to critically elaborate possible juridical solutions. In addition the student will know the fundamental elements of the history of contemporay European law, namely the sources of law, the role of doctrine and the birth of the developement of the most significant national and international institutions; moreover the student will develop the capability to analyse e summarize the most relevant events of the history of law in Europe between the nineteenth and twentieth.
Lesson period: year
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
year
Prerequisites for admission
no prior knowledge is required
Assessment methods and Criteria
Oral examination with a mark expressed in thirtieths and possible praise: the evaluation is based on the clarity of the exposition and on the capacity for critical revision. The vote reported in Institutions of Roman Law will average with that of the History of Contemporary Law exam. It follows that only one final grade, expressed in thirtieths, will appear in the career, corresponding to the result of the simple arithmetic average (possibly rounded upwards) of the outcome of the two exams of Institutions of Roman law and History of Contemporary Law.
Istituzioni di diritto romano
Course syllabus
The program of Roman Institutes concerns the evolution of Privat Law in Rome in the period from 753 b.C., foundation date of Rome, and 565 a.C., year in which Emperor Justinian died.
The lessons will describe the main principles of the most significative areas of the subject, with the objective of recovering the historic roots of the different modern institutes, also taking into account that the ancient distinction in personae (persons), res (goods), actiones (enforcement of rights) is still the basis of the present Civil Code.
The lessons will describe the following topics: periods and sources of production and knowledge of law; legal capacity and capacity to act; facts, acts and legal transactions; obligations (sources, features and single figures of obligations various types of obligations, the performance, the non-performance and its consequences. It will be analysed the origin of the concept of contract and the single figures of typical contracts); private trial; classification of goods; ownership and other real rights; possession.
The lessons will describe the main principles of the most significative areas of the subject, with the objective of recovering the historic roots of the different modern institutes, also taking into account that the ancient distinction in personae (persons), res (goods), actiones (enforcement of rights) is still the basis of the present Civil Code.
The lessons will describe the following topics: periods and sources of production and knowledge of law; legal capacity and capacity to act; facts, acts and legal transactions; obligations (sources, features and single figures of obligations various types of obligations, the performance, the non-performance and its consequences. It will be analysed the origin of the concept of contract and the single figures of typical contracts); private trial; classification of goods; ownership and other real rights; possession.
Teaching methods
Frontal lessons
Teaching Resources
F. Gnoli, I. Fargnoli, Institutiones iuris romani, Milano, 2018:
Chapt. 1, p. 19-28 and 32-63.
Chapt. 2, p. 65-74.
Chapt. 3, p. 121-233.
The whole chapt. 4.
Chapt. 6, p. 303-306 and 317-353.
Chapt. 7, p. 355-430.
See Ariel.unimi
Exam test reserved for attending students.
Chapt. 1, p. 19-28 and 32-63.
Chapt. 2, p. 65-74.
Chapt. 3, p. 121-233.
The whole chapt. 4.
Chapt. 6, p. 303-306 and 317-353.
Chapt. 7, p. 355-430.
See Ariel.unimi
Exam test reserved for attending students.
Storia del diritto contemporaneo
Course syllabus
Programme of the course
The course focuses on the fundamental aspects of the evolution of legal thinking and the sources of law in European history between the eighteenth and twentieth centuries, with particular attention to the German Historical School, the Italian legislative unification and codification activity in Europe in the second half of the 19th century, "Pandectist" and legal positivism, the codes of the first half of the twentieth century and the genesis of the constitutional state, to reach EU law, the birth of the UN and globalization.
Particular emphasis will be given throughout the course of the course to the relationship between legal thinking, law and practice, law institutes of the law of the people, the family, the economy and work, as well as the links between history Legal and political, social and ideas history.
Summary of the course
Age of Nations (1815-1914): The Historical School and Germanic Doctrine; Codes and laws of the nineteenth century; Legal professions (magistrate, lawyer, notary); The legal doctrine between the two centuries. The twentieth century: the law and the law between the two wars; Rights in the twentieth century; Profiles of the new legal culture; European Union law; Towards a global right.
The course focuses on the fundamental aspects of the evolution of legal thinking and the sources of law in European history between the eighteenth and twentieth centuries, with particular attention to the German Historical School, the Italian legislative unification and codification activity in Europe in the second half of the 19th century, "Pandectist" and legal positivism, the codes of the first half of the twentieth century and the genesis of the constitutional state, to reach EU law, the birth of the UN and globalization.
Particular emphasis will be given throughout the course of the course to the relationship between legal thinking, law and practice, law institutes of the law of the people, the family, the economy and work, as well as the links between history Legal and political, social and ideas history.
Summary of the course
Age of Nations (1815-1914): The Historical School and Germanic Doctrine; Codes and laws of the nineteenth century; Legal professions (magistrate, lawyer, notary); The legal doctrine between the two centuries. The twentieth century: the law and the law between the two wars; Rights in the twentieth century; Profiles of the new legal culture; European Union law; Towards a global right.
Teaching methods
Frontal lesson
Teaching Resources
Text-book for attendings students
Lecture notes and teaching aids.
Text-book for not attendings students
Padoa-Schioppa, Storia del diritto in Europa - Dal medioevo all'età contemporanea, Bologna, Il Mulino, 2016 (second edition), pp. 350-359, 416-427, 478-494, 526-741.
Lecture notes and teaching aids.
Text-book for not attendings students
Padoa-Schioppa, Storia del diritto in Europa - Dal medioevo all'età contemporanea, Bologna, Il Mulino, 2016 (second edition), pp. 350-359, 416-427, 478-494, 526-741.
Istituzioni di diritto romano
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 6
Lessons: 42 hours
Professor:
Pulitano' Francesca
Shifts:
-
Professor:
Pulitano' Francesca
Storia del diritto contemporaneo
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professor:
Santangelo Angela Maria
Shifts:
-
Professor:
Santangelo Angela MariaProfessor(s)
Reception:
appointment by mail
Dipartimento di Diritto privato e Storia del diritto/Piattaforma Microsoft Teams