Knowledge and understanding: understanding the interpretative techniques and scientific methodology of medieval jurists, as well as the salient features of the Roman-canonical process. Ability to apply knowledge and understanding: develop analytical and synthetic skills in the reconstruction of the age of ius commune and his process. Autonomy of judgment: identifying the aspects that characterize the individual subjects being studied. Communication skills: expose concepts clearly, correctly and in an orderly manner, both in the written test and in the oral examination. Learning capacity: understanding the legal institutions being investigated in their historical dimension.
Expected learning outcomes
At the end of the course the student will have acquired knowledge of the fundamental lines of the history of law in the age of the ius commune, with particular regard to the interpretative techniques put in place by medieval jurists (glossators and commentators) and the salient features of the process of the ius commune as a model of European process.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The course is aimed at studying in depth the history of law in the time period from the 12th and the 15th century, with particular regard to the ius commune system and the ius commune trial. The first part of the course, of introductory nature, will be dedicated to the analysis of some aspects of the age of classical ius commune (12th - 15th centuries), with special regard to interpretation techniques and scientific methodology for approaching the law of medieval jurists, from the school of glossarists to the commentators' one, and to the contribution of jurisprudence to the formation of the system of sources of law in the Late Middle Ages. The second part, more substantial and of monographic nature, will deal with the salient points of the roman-canon trial, both of the civil trial (ordinary and summary trial, from the introduction of the case to litis contestatio, from the evidence system to the dispute settlement, and to the systems of judicial review as well as the appeals of sentences), and of the criminal trial, the accusatory procedure (accusatory libel, public and private charge, evidentiary proceedings) and inquisitorial procedure (officium iudicis, secrecy, torture and confession, inquisition in the heresy and witchcraft trials).
Prerequisites for admission
Constitutional Law, Private Law and History of Medieval and Modern Law exams are propaedeutics to the Ius commune exam.
Text-book for attendings students
E. CORTESE, Le grandi linee della storia giuridica medievale, Roma 2000, pp. 229-397 and lecture notes and teaching aids.
Text-book for not attendings students
A. Santangelo Cordani, "La pura verità". Processi antiereticali e Inquisizione romana tra Cinque e Seicento", Milano Giuffré Francis Lefebvre, 2019.
Assessment methods and Criteria
The final proof of the teaching profit is held in oral form and the evaluation is expressed with a mark out of thirty, with possible honors. For attending students there will be an intermediate written exam (which will retain unlimited validity), in the form of questionnaires characterized by open questions. The evaluation of the proofs (both written and oral) take into account the correctness of the contents, the clarity of argumentation and the skills of critical analysis and re-elaboration.