History of medieval and modern law

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/19
Language
Italian
Learning objectives
The course aims to provide the students with the basic critical tools enabling them to know the historical development of European law system, both contextualizing legal instruments and institutions within their evolutionary process and finding continuities and discontinuities between past and present. The learning objective of the course, therefore, is to illustrate the dynamics leading to the existing legal instruments and proceedings, as well as their possible declination in the fields of politics, economy, and culture, and also their legacy to contemporary law and institutions. To this end, focus will be on legislators and jurists approaches, especially through the technical examination of legal argumentation and reasoning, as well as the analysis of case studies.
Expected learning outcomes
At the end of the course, students will have to demonstrate - Knowledge and understanding: to know and to understand the basic notions underlying the development of European law, and to be able to reflect upon the distinctive features of Western legal culture. - Applying knowledge and understanding: the ability to understand the various techniques of legal reasoning, as well as the ability to collect, analyze and select data based on context. - Making Judgements: 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, through optional written exercises. - Communication skills: to write and to speak about the concepts learned during the course, utilizing coherent argumentation, methodical precision and correct language. - Learning skills: to understand the relationship between institutions, society and individuals, and also to demonstrate a strong capacity for analysis and reflection in terms of legal issues, both past and present.
Course syllabus and organization

Surname A-C

Lesson period
Second semester
Frontal lessons in presence.
Course syllabus
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.
-From late antiquity to the early Middle Ages, 5th-11th centuries: the age of the Germanic kingdoms, feudalism
-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 course of History of Medieval and Modern Law 12 CFU includes a module (21 hours - 3 CFU) which will be held by Prof. Angela Santangelo (angela.santangelo@unimi.it), aiming at outlining the historical evolution of canon law from the origins of the Church to the 19th century. The teaching focuses on the fundamental aspects of the history of canon law from the early Middle Ages to the nineteenth-century codifications, with particular regard to the sources of production of law, the role of canonical doctrine in the definition of canonical juridical institutes and the relationship between Church and State since late antiquity to modern age of codifications.
1. Canon law in the late antiquity
2. Monasticism
3. The Church from the Carolingian age to the Gregorian reform
4. Gratian's Decretum and decretistic science
5. The first collections of decretals and the thirteenth-century decretalistic doctrine
6. Law and canonistic science in the 14th-15th centuries
7. The Roman-canonical process and ecclesiastical judicial institutions
8. The Protestant Reformation and the Council of Trent
9. Canon law between the seventeenth and eighteenth centuries
10. The law of the Church from the French Revolution to the age of codes
11. Canonical marriage
Prerequisites for admission
There are no specific requirements different from those requested for the admission to the Law School.
Teaching methods
Attendance to classes is strongly recommended although not compulsory.
The teaching is delivered through frontal lectures.
The teaching is also based on didactic material provided on Ariel.
Individual written exercises are envisaged.
Teaching Resources
The exam will take place on the following textbook: A. Padoa Schioppa, History of Law in Europe. From the Middle Ages to the contemporary age, Bologna, Il Mulino, 2016, second edition, pp. 17-494.
For attending students, the reference paragraphs of the textbook will be better specified in class; slides will also be showed (available on the Ariel website) in order to integrate the textbook on themes and aspects of particular interest.
Students who move from the three-year degree course to the five-year course have to complete the program as follows:
- integration of 3 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, second edition, pp. 411-587
- integration of 6 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, second edition, pp. 15-349 e pp. 359-415.
Students who move from other Law Schools are invited to promptly get in touch with the professor in order to arrange an integration for exam preparation.
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; 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: 12
Lessons: 84 hours

Surname D-L

Responsible
Lesson period
Second semester
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 12
Lessons: 84 hours

Surname M-Q

Responsible
Lesson period
Second semester
Course syllabus
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.
-From late antiquity to the early Middle Ages, 5th-11th centuries: the age of the Germanic kingdoms, feudalism
-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 course of History of Medieval and Modern Law includes a module (21 hours) which will be held by Prof. Raffaella Bianchi Riva, aiming at focusing, in connection with the themes of the course, the role of judges and lawyers in the evolution of European law between the 12th and 19th century. On this perspective, particular attention will be paid to the changing relationship between legislation, doctrine and practice from the Middle Ages to the modern age, as well as to the reciprocal influences between the legal profession, on the one hand, and politics and society, on the other.
Prerequisites for admission
There are no specific requirements different from those requested for the admission to the Law School.
Teaching methods
Attendance to classes is strongly recommended although not compulsory.
The teaching is delivered through frontal lectures.
The teaching is also based on didactic material provided on Ariel.
Individual written exercises are envisaged.
Teaching Resources
The exam will take place on the following textbook: A. Padoa Schioppa, History of Law in Europe. From the Middle Ages to the contemporary age, Bologna, Il Mulino, 2016, second edition, pp. 83-494.
For attending students, the reference paragraphs of the textbook will be better specified in class; slides will also be showed (available on the Ariel website) in order to integrate the textbook on themes and aspects of particular interest.
Students who move from the three-year degree course to the five-year course have to complete the program as follows:
- integration of 3 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, second edition, pp. 411-587
- integration of 6 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, second edition, pp. 15-349 e pp. 359-415.
Students who move from other Law Schools are invited to promptly get in touch with the professor in order to arrange an integration for exam preparation.
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; capacity for critical reflection
- Type of evaluation method: mark in 30s
- For students attending the course, at two thirds term, 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: 12
Lessons: 84 hours

Surname R-Z

Responsible
Lesson period
Second semester
The teaching will be delivered through the use od the Microsoft Teams platform in synchronous mode, maintaining the scheduled lesson times for the lessons in attendance. Variations may occur in relation to the evolution of the health situation.
Course syllabus
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 analyze 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.

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.
Prerequisites for admission
There are no specific requirements different from those requested for the admission to the Law School.
Teaching methods
Attendance to classes is strongly recommended although not compulsory.
The teaching is delivered through frontal lectures,
compatibly with the health situation.
The teaching is also based on didactic material provided on Ariel.
Individual written exercises are envisaged.
Teaching Resources
Bibliography (Material useful for the preparation of the exam)
- Student attending the course: The exam will take place on the following textbook: A. Padoa Schioppa, History of Law in Europe. From the Middle Ages to the contemporary age, Bologna, Il Mulino, 2016. The reference paragraphs will be better specified in class.
- Student not attending the course: A. Padoa Schioppa, Storia del diritto in Europa - Dal medioevo all'età contemporanea, Il Mulino 2016, second edition, pp. 17-494.
Students who move from the three-year degree course to the five-year course have to complete the program as follows:
- for the integration of 3 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, II edition, pp. 411-587
- for the integration of 6 credits, students have to study A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, II edition, pp. 15-349 e pp. 359-415.
Assessment methods and Criteria
La frequenza delle lezioni è fortemente consigliata, anche se non obbligatoria.
I docenti utilizzeranno lezioni frontali.
L'insegnamento si avvale di materiale didattico disponibile sulla piattaforma ARIEL.
Sono previste relazioni scritte individuali.
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 12
Lessons: 84 hours