Roman law and contemporary history law

A.Y. 2020/2021
12
Max ECTS
84
Overall hours
SSD
IUS/18 IUS/19
Language
Italian
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.
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.
Course syllabus and organization

Single session

Lesson period
year
Frontal lessons in presence.

Roman Privat Law:
1. According the exceptional measures foreseen for the first semester of the Academic Year 2020/21 due to the Covid-19 emergency, teaching will carried out in a mixed form, i.e. partly in presence (i.e. face-to-face), partly online. This will take place according the following scheme. Of the two lectures planned weekly:
- one will be carried out in presence and at the same time online, by participation to a virtual class created on the platform Microsoft Teams;
- one will take place online only.
Because of limitations of the classroom capacity due to social distancing, the attendance in presence will be regulated by an application, whereas the attendance online will be carried out through the platform Microsoft Teams, which every student has to download using his/her own institutional e-mail address (@studenti@unimi.it). In order to attend a virtual class, students are requested to previously send an e-mail - using their institutional address - to the teachers (lorena.atzeri@unimi.it; nunzia.donadio@unimi.it). This e-mail is necessary in order to be registered in the virtual classroom, and has to be sent before 25th September 2020.
Changes may however occur following the evolution of the health situation.
2. The examination will take place in presence. However, during the COVID-19 emergency, international students, students living outside Lombardy and students with severe pathologies are allowed to take the examination online through the platform Microsoft Teams. For this purpose, students should not only register for the exam as usual but also send an e-mail to the teachers (lorena.atzeri@unimi.it; nunzia.donadio@unimi.it) at least 5 days before the exams. These alternative measures will apply until further notice.
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.

Privat Roman Law:
Written examination. The mark is expressed out of 30. It won't be registered independently but will be considered together with the mark obtained in the subsequent exam of History of Contemporary Law. The final and official mark will be the average between the two marks. On the student's curriculum it will therefore appear only one mark, which will be the (rounded up) average of the two marks.
In case the exam is not passed, the students can register for the session immediately after.
Istituzioni di diritto romano
Course syllabus
1. According the exceptional measures foreseen for the first semester of the Academic Year 2020/21 due to the Covid-19 emergency, teaching will carried out in a mixed form, i.e. partly in presence (i.e. face-to-face), partly online. This will take place according the following scheme. Of the two lectures planned weekly:
- one will be carried out in presence and at the same time online, by participation to a virtual class created on the platform Microsoft Teams;
- one will take place online only.
Because of limitations of the classroom capacity due to social distancing, the attendance in presence will be regulated by an application, whereas the attendance online will be carried out through the platform Microsoft Teams, which every student has to download using his/her own institutional e-mail address (@studenti@unimi.it). In order to attend a virtual class, students are requested to previously send an e-mail - using their institutional address - to the teachers (lorena.atzeri@unimi.it; nunzia.donadio@unimi.it). This e-mail is necessary in order to be registered in the virtual classroom, and has to be sent before 25th September 2020.
Changes may however occur following the evolution of the health situation.
2. The examination will take place in presence. However, during the COVID-19 emergency, international students, students living outside Lombardy and students with severe pathologies are allowed to take the examination online through the platform Microsoft Teams. For this purpose, students should not only register for the exam as usual but also send an e-mail to the teachers (lorena.atzeri@unimi.it; nunzia.donadio@unimi.it) at least 5 days before the exams. These alternative measures will apply until further notice.
Teaching methods
The Course will consist in 42 hours of frontal teaching and will be divided in two parts. The first part (18 hours = 9 lectures) will be held by Prof. Nunzia Donadio; the second part (24 hours = 12 lectures) will be held by Prof. Lorena Atzeri.
Teaching Resources
A. PETRUCCI, Manuale di diritto privato romano, Giappichelli, Torino 2019: Chapters I (pp. 1-3; 7-12); V (pp. 171-229); VI (pp. 231-380); VII (pp. 381-401).
The students will also find more learning material on ARIEL.
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.
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.
Istituzioni di diritto romano
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 6
Lessons: 42 hours
Storia del diritto contemporaneo
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
During the first semester 2020/21 meetings will take place online. Please contact the teacher via e-mail address to arrange an appointment.
Sezione di Diritto Romano
Reception:
Wed 10.00-12.00
dipartimento di diritto privato e storia del diritto - 1 floor
Reception:
Microsoft Teams by e-mail