Roman Law and Contemporary History Law
A.Y. 2020/2021
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
According the exceptional measures foreseen for the first and the second 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 (@[email protected]).
Changes may however occur following the evolution of the health situation.
2. Programme and textbook.
Programme and textbook remain unchanged.
3. Exams and evaluation criteria.
Evaluation criteria remain unchanged.
The examination will be oral and will take place on the platform Microsoft Teams.
Should the pandemic situation allow it, according to the availability of the rooms and in compliance with the safety measures, the exam will take place at the University. Students who won't be able to leave their residence or domicile will be given the possibility to be examined on the platform Microsoft Teams.
More precise indications and updates will be posted on ARIEL (site of the Course). Students are invited to consult it regularly.
- 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 (@[email protected]).
Changes may however occur following the evolution of the health situation.
2. Programme and textbook.
Programme and textbook remain unchanged.
3. Exams and evaluation criteria.
Evaluation criteria remain unchanged.
The examination will be oral and will take place on the platform Microsoft Teams.
Should the pandemic situation allow it, according to the availability of the rooms and in compliance with the safety measures, the exam will take place at the University. Students who won't be able to leave their residence or domicile will be given the possibility to be examined on the platform Microsoft Teams.
More precise indications and updates will be posted on ARIEL (site of the Course). Students are invited to consult it regularly.
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.
Roman Private 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.
Roman Private 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
The Course on Roman private law will be dedicated to the evolution of private law in ancient Rome between 753 BC, the conventional date of the foundation of the city of Rome, and 565 AD, the year of the death of Emperor Justinian. The lectures aim to outline the fundamental lines of the most significant institutions of the Roman private law, with the aim of recovering the historical roots of modern legal institutions.
The lessons will focus on the following topics:
- Periodization and sources of law.
- The Law of Persons: legal capacity; legal status; citizenship; status familiae.
- The Law of Property: classification of things; real rights (ownership and real rights in property belonging to another); possession; modes of acquisition of real rights and possession; judicial protection.
- The Law of Obligations: sources of obligations; the law of contracts; the law of delicts.
- The Law of Actions: Roman law of procedure and its historical stages of development.
The lessons will focus on the following topics:
- Periodization and sources of law.
- The Law of Persons: legal capacity; legal status; citizenship; status familiae.
- The Law of Property: classification of things; real rights (ownership and real rights in property belonging to another); possession; modes of acquisition of real rights and possession; judicial protection.
- The Law of Obligations: sources of obligations; the law of contracts; the law of delicts.
- The Law of Actions: Roman law of procedure and its historical stages of development.
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.
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.
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
The Course will consist in 42 hours of frontal teaching.
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
Professors:
Atzeri Lorena, Donadio Nunzia
Storia del diritto contemporaneo
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professor:
Santangelo Angela Maria
Professor(s)
Reception:
Wednesday 10.00-12.00 a.m., preferably by appointment. Please contact the teacher via e-mail to arrange an appointment.
Dipartimento di Diritto privato e Storia del diritto, Sezione di Diritto romano (3rd floor); alternatively on MTeams (or a different platform, to be arranged).
Reception:
Thurs 9.00-10.30
dipartimento di diritto privato e storia del diritto - 1 floor
Reception:
appointment by mail
Dipartimento di Diritto privato e Storia del diritto/Piattaforma Microsoft Teams