History of modern codification

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/19
Language
Italian
Learning objectives
For the general part of the course: the study of modern and contemporary law in Europe, with a particular focus on codification. For the specialized part of the course: the evolution of good faith, from medieval law to the debate that took place between the nineteenth and twentieth centuries.
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

Single session

Responsible
Lesson period
Second semester
Teaching methods
Teaching will be carried out on Microsoft Teams according to the schedule of the second semester and lessons will be registered and avaible on Ariel.
Instructions regarding how to access Microsoft Teams and any further information on teaching will be available on Ariel.
If it is possible according to the pandemic emergency, the course will be held in the classroom. In any case, lessons will be registered and avaible on Ariel.
Students will be promptly informed of any change by notice on Ariel. It is therefore recommended to consult Ariel regularly.

Teaching Resources
The course program is unchanged.

Assessment methods and Criteria
Assessment methods and Criteria are unchanged.
Exam will be oral on Microsoft Teams.
If it is possible according to the pandemic emergency, exam will be in presence.
However, taking the exam on Microsoft Teams will be still possible for students unable to move from their place of residence and/or domicile.
Further information and updates will be published on Ariel. It is therefore recommended to consult Ariel regularly.
Course syllabus
Course content and purpose
For the general part of the course: the study of modern and contemporary law in Europe, with a particular focus on codification.
For the specialized part of the course: This course introduces the law of the European Union. It provides a broad overview of the legal framework, including historic dimension, the discussion of competences and a synopsis of the way Member States can join and leave the European Union, from a legal perspective. It covers unique concepts of European Union law, such as subsidiarity, and how these relate to national legal systems.
Course summary
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: the Napoleonic Age and its codes; the Age of Restoration; Savigny and the Pandectist; Socialism; doctrine and legislation in the contemporary age; the development of a European law.
Prerequisites for admission
History of law is the preparatory course to take the history of modern codification exam
Teaching methods
The expected learning outcomes shall also be achieved through critical reflection on the part of students, which will be stimulated by classroom activities that revolve around texts that have been suggested for individual study or for optional research.
The acquisition of these abilities will be verified through a self-assessment test on the Ariel web portal, and lastly, through an (optional) written exercise. Details on how the written exercise will be carried out shall be provided during the lessons.
The course is designed to teach students the ability to write legal texts, as well as to reflect on practical matters by taking an in-depth look at particular cases and issues. To that end, all theoretical subjects shall be accompanied by the following: examination of original documents and texts in class; sources made available for download on the Ariel web portal; and slides projected during the lessons, which will help students approach the textbook and make the content of the subject matter more immediately comprehensible and usable.
Teaching Resources
The exam will take place on the following textbook: - A. PADOA SCHIOPPA, Da Maastricht a Lisbona (estratto), Bologna, Il Mulino, pp. 240, € 19.00, ISBN 9788815285669
- S. PARINI, Ad auxilium vocatus. Studi sul praticantato forense da Napoleone all'Unità. Estratto da: Avvocati e avvocatura nell'Italia dell'Ottocento. Prefazione di A. Padoa Schioppa - ISBN:9788815285676, pp. 230, € 19,00, ISBN 9788815285676

Student not attending the course:
- A. PADOA SCHIOPPA, Da Maastricht a Lisbona (estratto), Bologna, Il Mulino;
- E. DEZZA, Lezioni di storia della codificazione civile. Il Code civil (1804) e l'Allgemeines Burgerliches Gesetzbuch (ABGB, 1812), Torino, Giappichelli, 2000, pp. 5-106; pp. 123-162;
- G. CAZZETTA, Codice civile e identità giuridica nazionale. Percorsi e appunti per una storia delle codificazioni moderne, Torino, Giappichelli, 2018, pp. 1-115.
- S. PARINI, Ad auxilium vocatus. Studi sul praticantato forense da Napoleone all'Unità. Estratto da: Avvocati e avvocatura nell'Italia dell'Ottocento. Prefazione di A. Padoa Schioppa
Assessment methods and Criteria
The final exam will be oral.
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
Thursday 1.30-2.30 p.m.
on line Teams 365