150M - THE MODERN STATE A HISTORICAL COURSE
Academic Year 2021/2022
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GIUSEPPINA DE GIUDICI (Tit.)
- Teaching style
- Lingua Insegnamento
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This course will provide the student with:
A) Knowledge and understanding of the fundamentals regarding the development of the science of public law in the modern and the contemporary age in the context of international law and internal public law.
B) Ability to apply knowledge and understanding of the theoretical and practical mechanisms that have driven the development of legal science publications during the modern age and the contemporary age in order to understand current-state models.
C) Capacity to apply knowledge and understanding of the history of external public law to better understand the main issues of current international law.
Although formally no prerequisites are required, knowledge of the main topics regarding the history of medieval and modern law is essential. While a basic understanding of the fundamentals of constitutional law is useful.
This course will concentrate on the study of public law with particular regard for the history of international law and the history of constitutionalism in the modern age and the contemporary age. The course will cover topics related to the following themes:
A) Subjects regarding international law
-jus gentium and international law
-the birth and science of international law
-exponents of the science of internationall law from de Vittoria to Emer de Vattel
-jus belli: from jus ad bellum to jus in bello
B) Subjects regarding the history of constitutional law
-The three theoretical foundations of freedom: the historicist, the individualistic, and the statist model Revolutions and doctrines of freedom: the American Revolution and the French Revolution
-The German public law of the late nineteenth century
-Dicey and the rule of law
-Carré de Malberg and the french proposal
-The constitutional transformations of the 1900s
The course consists of 48 hours of lessons, organised as follows:
-40-42 hours of lectures
-6-8 hours devoted to seminars for the enhancement of topics covered in the course or in connection with them.
Lessons will be provided mainly in person, integrated with online strategies, in order to guarantee their fruition in an innovative and inclusive way.
At the start of the semester, students will need to choose whether to attend classes in person or online. The choice will be irreversible for the duration of the semester. Depending on the number of students who choose to attend in person, shifts may be introduced to ensure social distancing.
Verification of learning
For students who attend class, the evaluation will be based on the results of an oral exam, and one or more written tests that will cover a part of the program carried out in class.
For students who do not attend class, the evaluation will be based on an oral exam that covers the entire program carried out in class. (see course contents and syllabus). To pass the exam, the student must demonstrate a sufficient knowledge of the topics covered in class or the textbooks. The highest possible grade is 30\30. Any grade below 18 will be considered insufficient. A grade of 30/30 cum laude presupposes an excellent review of all the elements that will be evaluated.
The evaluation will be based on the following elements:
1) knowledge of the material
2) ability to judge
3) ability to express
Active participation in lectures and seminars by students who attend class will taken into account.
We recommend studying the following texts:
- M. Fioravanti, Lezioni di storia costituzionale. Le libertà fondamentali, le forme di governo, le costituzioni del Novecento, Torino, 2021, only pp. 5-154;
- G. Gozzi, Diritti e civiltà. Storia e filosofia del diritto internazionale, Bologna, 2010, pp. 24-178.
Upon request, it is possible to get ready for the exam with a different textbooks.