The aim of the course is to provide a critical overview of legal history in Italy and Europe between the Middle Ages and the Contemporary Age, with particular reference to the issues of justice and the protection of fundamental rights.
The main educational goals are:
1) To make students aware of the complexity of legal phenomena, which cannot be isolated from the social, political and economic context.
2) To verify the assumption according to which law is a product of history.
3) To invite students to problematize the study of legal disciplines.
4) To invite students to analyze the difficult balance between security and individual (and collective) rights over the centuries in different geographical and cultural contexts.
The main educational goals are:
1) To make students aware of the complexity of legal phenomena, which cannot be isolated from the social, political and economic context.
2) To verify the assumption according to which law is a product of history.
3) To invite students to problematize the study of legal disciplines.
4) To invite students to analyze the difficult balance between security and individual (and collective) rights over the centuries in different geographical and cultural contexts.
teacher profile teaching materials
Three macro-periods are taken into account:
1) Late Middle Ages (ius commune and iura propria, Roman-canonical process and Inquisition, problem of representation);
2) Modern Age (Legal Humanism, Lutheran Reformation, Roman Inquisition, marginalization of minorities, centralized tribunals, Natural law theories, Enlightenment, American Revolution, French Revolution, Constitutions and Codifications);
3) Contemporary Age (legislation and justice in the Kingdom of Italy, Fascism, Democracy).
The following chapters are excluded:
Parte II, cap. IV: La stampa e la letteratura giuridica (pp. 161-173).
Parte IV, cap. II: Alternative al positivismo e alla civilistica (pp. 301-303).
Parte V, cap. III: only up to p. 423 (La discontinuità: la Costituzione del 1948).
Programme
The lessons are organized in chronological order, starting from the Late Middle Ages (XII sec.) up to the Italian Constitution of 1948. The problem of the difficult balance between security and individual and collective rights is the central issue of the course. Students are invited to analyze the solutions adopted over the centuries in different geographical and cultural contexts.Three macro-periods are taken into account:
1) Late Middle Ages (ius commune and iura propria, Roman-canonical process and Inquisition, problem of representation);
2) Modern Age (Legal Humanism, Lutheran Reformation, Roman Inquisition, marginalization of minorities, centralized tribunals, Natural law theories, Enlightenment, American Revolution, French Revolution, Constitutions and Codifications);
3) Contemporary Age (legislation and justice in the Kingdom of Italy, Fascism, Democracy).
Core Documentation
Mario Ascheri, "Introduzione storica al diritto moderno e contemporaneo", Torino: Giappichelli, 2008.The following chapters are excluded:
Parte II, cap. IV: La stampa e la letteratura giuridica (pp. 161-173).
Parte IV, cap. II: Alternative al positivismo e alla civilistica (pp. 301-303).
Parte V, cap. III: only up to p. 423 (La discontinuità: la Costituzione del 1948).
Reference Bibliography
For the students who want to deepen the topics of the course: Middle Ages E. Cortese, "Le grandi linee della storia giuridica medievale", Roma: Il Cigno, 2000 Middle Ages, Modern and Contemporary Era A. Padoa Schioppa, "Storia del diritto in Europa. Dal medioevo all'età contemporanea", Bologna, Il Mulino, 2007 You can use any edition.Type of delivery of the course
Lectures in classroom are supported by power point presentations, which are available on the e-learning platform (Moodle). By using images (paintings, sculptures, manuscripts, photographs) and videos, we intend to stimulate the curiosity of students and help them understanding the different topics underlying the links between law and history, often made more comprehensible through fine art. The course is divided into two modules. At the end of the first module, devoted to the Middle Ages (book: E. Cortese), a written mid-term exam is foreseen only for attending students. During the course, a movie will be screened in order to discuss a legal topic according to the Law and the Humanities methodology. Guest speakers on specific topics are also foreseen. In case the restrictions imposed by the COVID-19 emergency will be extended, the lessons will take place online, using Microsoft Teams. These lessons will follow the regular schedule and will be recorded in order to allow the students to watch them several times, if needed.Attendance
Attendance is not compulsory but is recommended.Type of evaluation
Attending students: Attending students have the opportunity to take a mid-term written exam on the topics covered during the first part of the course, i.e. medieval and early modern legal history. The written mid-term exam consists of three open-ended questions and lasts 90 minutes. Only in case the restrictions caused by the COVID-19 emergency will be extended, the written mid-term exam will consist of a research paper on a topic chosen by the instructor for each student. If the student passes the mid-term exam, he/she will be examined only on the topics covered during the second part of the course (i.e. modern and contemporary legal history) at the final oral exam, which consists of two questions. The final grade will be calculated taking into account both the written (50%) and the oral (50%) exam. In both cases, the minimum evaluation is 18/30, the maximum is 30/30. The students must express themselves in a proper way and demonstrate their understanding of the legal-historical phenomena included in the program. NON-attending students: Oral exam on the whole program (3/4 questions). The minimum evaluation is 18/30, the maximum is 30/30. The students must express themselves in a proper way and demonstrate their understanding of the legal-historical phenomena included in the program.