The course aims at illustrating, through a critical approach, the long journey of European and Western legal history between the Late Antique and the Modern Period. Starting from a description of the social, political and economic context, the legal institutions will be analyzed in their historical dimension, focusing the attention on legislation, on jurisprudence, and on the effects they had on case law.
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.
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.
Curriculum
teacher profile teaching materials
The first part will cover: the relationship between Christianity and Law, the plurality of Germanic systems, the survival and circulation of Roman law, the formation and role of the Western Law Church.
The second part (XII-XV centuries): the birth and evolution of legal science, the cultural framework of the University in Europe, the formation of several iura propria alongside ius generale: the creation of so-called system of ius commune; the configuration of the English Common Law and its relations with the Canon Law.
The third part (XVI-XIX centuries): the humanistic rediscovery of Roman law, the end of the western catholic universalism and the outset of the national churches, the Jusnaturalism, the Legal Enlightenment and the reforms, the French Revolution and the end of Ius Commune; the creation of the Law of Nations.
Mutuazione: 20101271 STORIA DEL DIRITTO MEDIOEVALE E MODERNO in Scienze dei servizi giuridici L-14 DI PAOLO SILVIA
Programme
The course aims at illustrating the historical formation of Law from the Early Middle Ages (IV-XI centuries) to the Modern Age (XVI-XIX century) and it is articulated in three main sections.The first part will cover: the relationship between Christianity and Law, the plurality of Germanic systems, the survival and circulation of Roman law, the formation and role of the Western Law Church.
The second part (XII-XV centuries): the birth and evolution of legal science, the cultural framework of the University in Europe, the formation of several iura propria alongside ius generale: the creation of so-called system of ius commune; the configuration of the English Common Law and its relations with the Canon Law.
The third part (XVI-XIX centuries): the humanistic rediscovery of Roman law, the end of the western catholic universalism and the outset of the national churches, the Jusnaturalism, the Legal Enlightenment and the reforms, the French Revolution and the end of Ius Commune; the creation of the Law of Nations.
Core Documentation
Antonio Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all’età contemporanea, Milano Il Mulino 2016, the following parts are to be excluded: V.35; VI.Type of delivery of the course
The teaching activity will be divided in frontal lectures and weekly seminar meetings (open to everyone), in which small groups of attending students present insights into topics just covered in class. On these occasions, the teacher has the opportunity to verify the general understanding, to clarify any problematic aspects as well as to underline the major historiographical relevance of specific legal historical issues.Type of evaluation
The evaluation of student not attending the course will be based on a final oral exam aimed at verifying the complete knowledge of the program. The evaluation of student attending the course will be based on class work (class participation, presentations given during the semester) and on a final oral exam. teacher profile teaching materials
The first part will cover: the relationship between Christianity and Law, the plurality of Germanic systems, the survival and circulation of Roman law, the formation and role of the Western Law Church.
The second part (XII-XV centuries): the birth and evolution of legal science, the cultural framework of the University in Europe, the formation of several iura propria alongside ius generale: the creation of so-called system of ius commune; the configuration of the English Common Law and its relations with the Canon Law.
The third part (XVI-XIX centuries): the humanistic rediscovery of Roman law, the end of the western catholic universalism and the outset of the national churches, the Jusnaturalism, the Legal Enlightenment and the reforms, the French Revolution and the end of Ius Commune; the creation of the Law of Nations.
Programme
The course aims at illustrating the historical formation of Law from the Early Middle Ages (IV-XI centuries) to the Modern Age (XVI-XIX century) and it is articulated in three main sections.The first part will cover: the relationship between Christianity and Law, the plurality of Germanic systems, the survival and circulation of Roman law, the formation and role of the Western Law Church.
The second part (XII-XV centuries): the birth and evolution of legal science, the cultural framework of the University in Europe, the formation of several iura propria alongside ius generale: the creation of so-called system of ius commune; the configuration of the English Common Law and its relations with the Canon Law.
The third part (XVI-XIX centuries): the humanistic rediscovery of Roman law, the end of the western catholic universalism and the outset of the national churches, the Jusnaturalism, the Legal Enlightenment and the reforms, the French Revolution and the end of Ius Commune; the creation of the Law of Nations.
Core Documentation
Antonio Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all’età contemporanea, Milano Il Mulino 2016, the following parts are to be excluded: V.35; VI.Type of delivery of the course
The teaching activity will be divided in frontal lectures and weekly seminar meetings (open to everyone), in which small groups of attending students present insights into topics just covered in class. On these occasions, the teacher has the opportunity to verify the general understanding, to clarify any problematic aspects as well as to underline the major historiographical relevance of specific legal historical issues.Type of evaluation
The evaluation of student not attending the course will be based on a final oral exam aimed at verifying the complete knowledge of the program. The evaluation of student attending the course will be based on class work (class participation, presentations given during the semester) and on a final oral exam.