History of modern codification

A.Y. 2016/2017
Lesson for
6
Max ECTS
42
Overall hours
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.

Course structure and Syllabus

Active edition
Yes
Responsible
Lessons: 42 hours
Syllabus
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.
Topics covered during the specialized part of the course: the concept of good faith; good faith in the Middle Ages, from ius commune to canon law; good faith in contract law; from the 'scuola culta' to the Usus Modernus Pandectarum; good faith and rights (natural law theory and the Enlightenment); good faith and Codes (Austria, France and Italy); debate between the nineteenth and twentieth centuries.

EXPECTED LEARNING OUTCOMES
Applying knowledge and understanding
Students will have to demonstrate that they have acquired appropriate language and the ability to understand the various techniques of legal reasoning, as well as the ability to collect, analyze and select data based on context. Students will also have to know and understand the basic notions underlying the development of European law, and be able to reflect upon the distinctive features of Western legal culture.
The above-mentioned skills 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.
Making Judgements
Students will have to demonstrate that they have acquired 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.
Communication skills
Students will have to demonstrate that they are able to write and speak to scholars of historical area about the concepts learned during the course, utilizing coherent argumentation, methodical precision and correct language.
Learning skills
Students will have to demonstrate that they are able to understand the mutualistic relationship between sources of law and institutions. They will also have to demonstrate a strong capacity for analysis and reflection in terms of legal issues, both past and present. Students shall develop this ability in such a way that it can be of use to them should they decide to pursue a postgraduate advanced degree or doctoral degree, whether in Italy or abroad.

Required text:
- A. Padoa Schioppa, Storia del diritto in Europa. Dal Medioevo all'età contemporanea, Il Mulino 2016, second edition, enlarged and corrected, from the Age of Reforms to the Twentieth Century.
Or
- A. Cavanna, Storia del diritto moderno in Europa, Le fonti e il pensiero giuridico, Vol. 2, Milano, Giuffrè, 2005 from 1-291; from pp. 395-473; from pp. 511-617.
- L. Garlati, Nemo profheta in patria, in Un uomo, un libro pena di morte e processo penale nel Dei delitti e delle pene di Cesare Beccaria, L. Garlati e G. Chiodi (a cura di), Milano Giuffrè, http://www.giuffre.it/5396764/Strenna%202014.pdf , pp. I-XXXI.
For the specialized part of the course:
G.P. Massetto, Buona Fede nel diritto medievale e moderno, in Digesto italiano delle discipline privatistiche, sezione civile, II, Torino 1988, pp. 133-153;

G.P. Massetto, Brevi note sull'evoluzione storica della buona fede, in Tradizione civilistica e complessità del sistema. Valutazioni storiche e prospettive della parte generale del contratto, F. Macario, M.N. Miletti, Milano 2006, pp. 291-343.


Please note:
· Storia del diritto medievale e moderno (History of medieval and modern law, Basic course) is preparatory for Storia delle codificazioni moderne (History of modern codifications).
· Professor Parini's office hours are on Wednesday from 12.30. to 13.30. Any changes will be announced on the Department's website and on the Ariel web portal.
Lesson period
Second semester
Lesson period
Second semester
Assessment methods
Esame
Assessment result
voto verbalizzato in trentesimi
Professor(s)