Roman Law
A.Y. 2025/2026
Learning objectives
The Course aims to:
-provide students with more advanced knowledge of the Roman law of obligations, with particular reference to obligations arising from delicts and to the question of wrongful damage to property (lex Aquilia);
-introduce students to the legal reasoning typical of the Roman jurists and thereby develop their own problem-solving skills;
-examine the historical development of the legal institutions involved;
-improve their command of English legal Language.
-provide students with more advanced knowledge of the Roman law of obligations, with particular reference to obligations arising from delicts and to the question of wrongful damage to property (lex Aquilia);
-introduce students to the legal reasoning typical of the Roman jurists and thereby develop their own problem-solving skills;
-examine the historical development of the legal institutions involved;
-improve their command of English legal Language.
Expected learning outcomes
At the end of the course, students should be able to:
-display a deeper knowledge of the Roman law of obligations, of obligations arising from delicts and of the liability for wrongful damage to property;
-analyse and interpret Roman legal sources;
-understand secondary literature essential for developing a critical approach;
-autonomously elaborate the acquired notions and find solutions to legal cases through juridical reasoning;
-use legal language in an appropriate way.
-display a deeper knowledge of the Roman law of obligations, of obligations arising from delicts and of the liability for wrongful damage to property;
-analyse and interpret Roman legal sources;
-understand secondary literature essential for developing a critical approach;
-autonomously elaborate the acquired notions and find solutions to legal cases through juridical reasoning;
-use legal language in an appropriate way.
Lesson period: First semester
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
First semester
Course syllabus
The Course will include the presentation and discussion of the following topics:
Introduction: Roman legal sources, Roman jurisprudence, Roman litigation (an overview). Obligations and their sources in the Institutes of Gaius and Justinian. Delicts and obligations rising from delicts. Single delicts and related actions: theft (furtum), robbery (rapina) physical and verbal injury (iniuria) damage to property (damnum iniuria datum). Lex Aquilia and wrongful damage to property in particular. The origins of the concepts 'malicious intent' (dolus) and 'fault' (culpa).
Sources will be analysed and discussed with the students.
Introduction: Roman legal sources, Roman jurisprudence, Roman litigation (an overview). Obligations and their sources in the Institutes of Gaius and Justinian. Delicts and obligations rising from delicts. Single delicts and related actions: theft (furtum), robbery (rapina) physical and verbal injury (iniuria) damage to property (damnum iniuria datum). Lex Aquilia and wrongful damage to property in particular. The origins of the concepts 'malicious intent' (dolus) and 'fault' (culpa).
Sources will be analysed and discussed with the students.
Prerequisites for admission
Students are required to have passed an exam on Roman Private Law or Legal History (for international students). A good knowledge of English is also required. Knowledge of Latin is not required: an English translation of the Latin sources dealt with will be provided.
Teaching methods
Frontal lessons, with analysis of the sources and discussion (also in groups) of legal cases. Attendance, though not mandatory, is recommended.
Some lectures will be held by international guest scholars. A lecture will take place in the Archaeological Museum of Milan.
Some lectures will be held by international guest scholars. A lecture will take place in the Archaeological Museum of Milan.
Teaching Resources
Literature:
-P.J. du Plessis, Borkowski's Textbook on Roman Law (6th ed., 2020), chapter 10.
-R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (1996), pp. 903-1094 (chapters 27-31).
-W.W. Buckland, Textbook of Roman Law (3rd ed. revised by P. Stein, 1963), pp. 576-592 (available on Ariel).
Sources (in any English translation):
-Institutes of Gaius III.182-225.
-Institutes of Justinian IV.1-4.
-Digest 9.2.
Part of the material - including sources and English translations - will be provided during the course and made available on the platform Ariel.
-P.J. du Plessis, Borkowski's Textbook on Roman Law (6th ed., 2020), chapter 10.
-R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition (1996), pp. 903-1094 (chapters 27-31).
-W.W. Buckland, Textbook of Roman Law (3rd ed. revised by P. Stein, 1963), pp. 576-592 (available on Ariel).
Sources (in any English translation):
-Institutes of Gaius III.182-225.
-Institutes of Justinian IV.1-4.
-Digest 9.2.
Part of the material - including sources and English translations - will be provided during the course and made available on the platform Ariel.
Assessment methods and Criteria
The exam is written; it will consist of multiple choice questions (20 questions) and a written analysis and solution of a case. Time available: 2 hours. Each correct answer will be assigned 1 point (the minimum required is 15); the written analysis will receive between 1 and 10 points. The marks will be expressed with a numeral ( /30).
As for the written analysis, the evaluation will take into account the following criteria: the ability of -organizing the acquired knowledge in a structured and linear discourse; -critically elaborating the knowledge acquired; -finding a convincing solution. It will also consider the literary quality of the text produced and the use of an appropriate legal vocabulary.
The student will receive from the system an e-mail with the mark achieved, inviting him/her to accept or refuse it.
As for the written analysis, the evaluation will take into account the following criteria: the ability of -organizing the acquired knowledge in a structured and linear discourse; -critically elaborating the knowledge acquired; -finding a convincing solution. It will also consider the literary quality of the text produced and the use of an appropriate legal vocabulary.
The student will receive from the system an e-mail with the mark achieved, inviting him/her to accept or refuse it.
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).