The course aims to offer a formative path to analize the juridical profiles, regarding the birth and the enstabilishment of legal structures, the theoretical and pragmatical of substantial and processual law, with major attention given to the penal laws, from the early Middle Age to the beginning of the XIX century.
teacher profile teaching materials
In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:
M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)
M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)
Referral texts for attending students:
For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Programme
The course’s analitic lineaments will pursue a diachronic recognition of the justice’s evolution during various centuries, according to a non linear ermeneutic path and its whole empirical-practical experiences.In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.
Core Documentation
Referral texts for non-attending studentsThe lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:
M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)
M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)
Referral texts for attending students:
For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Type of delivery of the course
Frontal lessonsType of evaluation
Final Oral Exam. For attending students the final oral exam will focus on the lecture notes indicated at the link “Testi adottati e bibliografia” and on the topics of in-depth analysis taken during the course, in order to assess the learning ability and the critical and analytical sensitivity of the learner also regarding the documentary sources and ancient texts proposed during the teaching. Alternatively the students can write an essay, which will be discussed in public. The essay must be previously arranged with the professor and it must concern one of the specific and fundamental issues dealt during the frontal lessons. The test aims to examinate the predisposition for research and the careful and timely analysis of the topic chosen as an investigation topic. For non-attending students there is an oral test during which the candidate will be asked one or two questions concerning each text that is part of the program. The evaluation parameters will correspond to the level of learning denoted and to the mature knowledge of the topics being examined.