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Professor
GIUSEPPINA DE GIUDICI (Tit.)
Period
Second Semester 
Teaching style
Convenzionale 
Lingua Insegnamento
ITALIANO 



Informazioni aggiuntive

Course Curriculum CFU Length(h)
[1/31]  LAW [31/00 - Ord. 2017]  PERCORSO COMUNE 9 72

Objectives

A) Knowledge and understanding of the fundamentals related to the development of legal science in medieval and modern times.
B) Knowledge and understanding of the fundamentals of the development of legal science in medieval and modern times.
C) Ability to apply knowledge and understanding gained in the analysis of the major transformations undergone by the legal systems in the historical period considered in order to critically evaluate current legal systems.

Prerequisites

Although no formal prerequisites are required, the knowledge of the fundamental principles of Roman law are useful.

Contents

The course aims to present the fundamentals of the development of European legal science in the Lower Middle Ages and the modern age. Particular attention will be paid to the study of doctrinal and legal sources and the evolution of the scientific method from the School of Glossators. In particular, the course will cover the following topics:

- The Empire and the Church from Constantine onwards
- Roman-barbarian laws
- Justinian
- The Longobards
- The Carolingian Empire
- The fief
- The rediscovery of Justinian law
- Irnerio, the Bologna school and its approach to Roman law
- Bolognese literary genres
- The science of canon law: Graziano and decretistica
- The Canonical Corpus Juris
- The Scuola del Commento e The ratio legis
- Legal humanism and criticism of Roman law
- Modern Giusnaturalism: Man and State
- The tarda scuola of the Mos italicus and the interpretation of the jurist
- Neo-humanism and sources of law
- The problem of interpretation in the modern age
- The collected standards and attempts at codification
- Legal Enlightenment and its exponents
- General considerations on the process of codification
- The French Civil Code: a model to historicise

Teaching Methods

- frontal lecturing

- seminars

- case study analysis

Lessons will be provided mainly in person, integrated with online strategies, in order to guarantee their fruition in an innovative and inclusive way.

Verification of learning

The evaluation will be based on an oral exam that covers the 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.

Texts

Students can choose between a programme that is predominantly dedicated to the study of the medieval age (programme A) or the modern age (programme B)



Programme A (Medieval)
• E. CORTESE, Le grandi linee della storia giuridica medievale, Il Cigno Galileo Galilei, Roma 2000
(all except: (firts part of volume) §§ 3, 5 and 15 of Chapter I, §§ 11 and 12 of Chapter II, §§ 3, 5 and 7-9 of Chapter III, §§ 8 -9 and 11-13 of Chapter IV, Chapter VIII, §§ 6-9 of Chapter IX; all except (second part of volume) §§ 9-10 of Chapter I, §§ 9-11 of the II Chapter III, §§ 6 and 8-9 of Chapter V, §§ 4 and 7-12 of Chapter VI, §§ 6-7 and 11 of Chapter VII, §§ 1-5 and 9 -17 of Chapter IX, §§ 2-3, 6, 10, 12 and 15-16 of Chapter X).
• I. BIROCCHI, Alla ricerca dell’ordine. Fonti e cultura giuridica nell’età moderna, Giappichelli, Torino 2002; (only: § 1 of Chapter V, Chapter VI, excluding § 8, Chapter VII, excluding § 10 and the epilogue).
Programme B (Modern)
• E. CORTESE, Le grandi linee della storia giuridica medievale, Il Cigno Galileo Galilei, Roma 2000; (only (first part of volume) §§ 1-2, 4 and 6 of Chapter III and Chapter X; only (second part of volume) §§ 1-8 of Chapter I, §§ 1-7 of Chapter IV, Chapter IV, Chapter V, Sections 1-6 of Chapter VI, §§ 1-10 of Chapter VII and §§ 1-2 of Chapter VIII.
• I. BIROCCHI, Alla ricerca dell’ordine. Fonti e cultura giuridica nell’età moderna, Giappichelli, Torino 2002; (all except § 4 of Chapter I, Chapter II, §§ 2-3 and 5-7 of Chapter V, §§ 3 and 8 of Chapter VI, §§ 3 and 10 of Chapter VII).

Upon request, it is possible to get ready for the exam with different textbooks

More Information

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