The Roman Law course will be carried out through the analysis and discussion of specific cases. In particular, problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by Roman jurists and the contemporary legal regime, with specific regard to the Italian and other European legal systems.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part of the course will be offered through seminar meetings, often in open dialogue with Italian and foreign guest lecturers. Liability will be the main focus of this part of the course: what does liability mean? How did the idea arise in the thinking of Roman jurists? What legacy has the Roman reflection upon liability left for today’s European private law? In order to gain proper understanding of the mechanisms that used to lead to the outcome of a “condemnatio”, the issue of liability in Roman civil proceedings will be addressed form both a contractual and a non-contractual point of view: respectively when the subject failed to fulfil an obligation and in case of torts. Particular attention will be paid to the procedural profile.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part of the course will be offered through seminar meetings, often in open dialogue with Italian and foreign guest lecturers. Liability will be the main focus of this part of the course: what does liability mean? How did the idea arise in the thinking of Roman jurists? What legacy has the Roman reflection upon liability left for today’s European private law? In order to gain proper understanding of the mechanisms that used to lead to the outcome of a “condemnatio”, the issue of liability in Roman civil proceedings will be addressed form both a contractual and a non-contractual point of view: respectively when the subject failed to fulfil an obligation and in case of torts. Particular attention will be paid to the procedural profile.
teacher profile teaching materials
In particular, problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by Roman jurists and the contemporary legal regime, with specific regard to the Italian and other European legal systems.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part of the course will be offered through seminar meetings, often in open dialogue with Italian and foreign guest lecturers. Liability will be the main focus of this part of the course: what does liability mean? How did the idea arise in the thinking of Roman jurists? What legacy has the Roman reflection upon liability left for today’s European private law? In order to gain proper understanding of the mechanisms that used to lead to the outcome of a “condemnatio”, the issue of liability in Roman civil proceedings will be addressed form both a contractual and a non-contractual point of view: respectively when the subject failed to fulfil an obligation and in case of torts. Particular attention will be paid to the procedural profile.
Program
First part (reference text: F. Schulz, History of Roman legal science, Oxford, 1953; P. Stein, Roman law in European history, Cambridge, 1999).
Second part (reference text: B.W. Frier, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407; R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-997; 998-1049).
The students attending the course may limit their study to the contents and materials of the lessons. Some recommended readings will be reported from time to time during the lectures.
In particular, the exam on the second part of the course will focus on the study of TWO LESSONS, among those proposed in the second part of the course, chosen by the student.
The non-attending students the course must study the parts of the program indicated.
The reference texts of the first part are:
- F. Schulz, History of Roman legal science, Oxford, 1953:
Excluded Parts
Introduction: par. iv-v (pp. 2-4)
Part I
Chap. I: par. vi-viii (pp. 12-14)
Cap. II: par. i.4 last part(pag. 17-18), i.5, i.6, i.7, i.8 (pag. 18-19); parr. iii (p. 22).
Part II
Chap. I par. ii.3 (pp. 43-45)
Part III
Chap. I: par. iii-iv (pp. 108-110)
Chap. II: par. ii.5 (pp. 115-117);
Chap. III par. iii (p. 155); pag. 150-151
Part IV
Chap. I par. ii (pp. 268-272); par. iii.4 (pp. 276-277);
Chap. III: in this chapter have to study only the following parts: par. i (pp. 300-301), parr. iv.1, iv.5, iv.9 (pp. 308-309; 315-316; 318-322).
- P. Stein, Roman law in European history, Cambridge, 1999, 3-37.
The reference texts of the second part are:
- B.W. Frier, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407.
- R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-960; 998-1011.
For further closer investigation, we suggest watching the videos contained in the playlist indicated below: https://www.youtube.com/playlist?list=PLWYvrKsmKrbqFkbVQK98_9dXR7-xx5t3h
- P. STEIN, Roman law in European history, Cambridge, 1999, 3-37.
- B.W. FRIER, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407.
- R. ZIMMERMANN, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-997; 998-1049.
Programme
The Roman Law course will be carried out through the analysis and discussion of specific cases.In particular, problems arising from each case will be treated in a diachronic comparative perspective, making comparisons between the approach adopted by Roman jurists and the contemporary legal regime, with specific regard to the Italian and other European legal systems.
The first part of the course will be focused to an in-depth study of the casuistic method, in relation with the analysis of the role of the “regula iuris” held in the Roman jurisprudence, which followed the development of the Roman legal system up to the post-classical period. With specific regard to the evolution of the sources of Roman law, the study will take a close look at the main stages of history of jurisprudence.
The second part of the course will be offered through seminar meetings, often in open dialogue with Italian and foreign guest lecturers. Liability will be the main focus of this part of the course: what does liability mean? How did the idea arise in the thinking of Roman jurists? What legacy has the Roman reflection upon liability left for today’s European private law? In order to gain proper understanding of the mechanisms that used to lead to the outcome of a “condemnatio”, the issue of liability in Roman civil proceedings will be addressed form both a contractual and a non-contractual point of view: respectively when the subject failed to fulfil an obligation and in case of torts. Particular attention will be paid to the procedural profile.
Program
First part (reference text: F. Schulz, History of Roman legal science, Oxford, 1953; P. Stein, Roman law in European history, Cambridge, 1999).
Second part (reference text: B.W. Frier, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407; R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-997; 998-1049).
The students attending the course may limit their study to the contents and materials of the lessons. Some recommended readings will be reported from time to time during the lectures.
In particular, the exam on the second part of the course will focus on the study of TWO LESSONS, among those proposed in the second part of the course, chosen by the student.
The non-attending students the course must study the parts of the program indicated.
The reference texts of the first part are:
- F. Schulz, History of Roman legal science, Oxford, 1953:
Excluded Parts
Introduction: par. iv-v (pp. 2-4)
Part I
Chap. I: par. vi-viii (pp. 12-14)
Cap. II: par. i.4 last part(pag. 17-18), i.5, i.6, i.7, i.8 (pag. 18-19); parr. iii (p. 22).
Part II
Chap. I par. ii.3 (pp. 43-45)
Part III
Chap. I: par. iii-iv (pp. 108-110)
Chap. II: par. ii.5 (pp. 115-117);
Chap. III par. iii (p. 155); pag. 150-151
Part IV
Chap. I par. ii (pp. 268-272); par. iii.4 (pp. 276-277);
Chap. III: in this chapter have to study only the following parts: par. i (pp. 300-301), parr. iv.1, iv.5, iv.9 (pp. 308-309; 315-316; 318-322).
- P. Stein, Roman law in European history, Cambridge, 1999, 3-37.
The reference texts of the second part are:
- B.W. Frier, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407.
- R. Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-960; 998-1011.
For further closer investigation, we suggest watching the videos contained in the playlist indicated below: https://www.youtube.com/playlist?list=PLWYvrKsmKrbqFkbVQK98_9dXR7-xx5t3h
Core Documentation
- F. SCHULZ, History of Roman legal science, Oxford, 1953, 1-22; 38-45; 60-69; 99-123; 146-155; 262-289; 300-323.- P. STEIN, Roman law in European history, Cambridge, 1999, 3-37.
- B.W. FRIER, A Casebook on the Roman Law of Contracts, Oxford, 2021, 1-16; 182-187; 213; 263-265; 300-302; 397-399; 406-407.
- R. ZIMMERMANN, The Law of Obligations: Roman Foundations of the Civilian Tradition, Oxford, 1996, 293-337; 953-997; 998-1049.
Type of delivery of the course
The teaching method aims at promoting learning through frontal lessons that present each legal feature taking into account their inseparable logical and systematic correlation. For those who intend to take the exam as an attending student, attendance at the lessons is binding. Are allowed n. 5 maximum of absences. In line with the expected learning outcomes, the approach to some practical cases as final moments of the analysis will not be neglected. Any conferences and/or seminars of interest for the topics dealt with, tutoring activities and optional workshops related to the course will be reported from time to time during the lectures.Type of evaluation
The course ends with an examination structured in two parts for all students. The exam on the first part of the program shall be written. The exam on this part will be held on Wednesday 9 November, at 2.00 pm. For more information please contact prof.ssa Barbara Cortese (barbara.cortese@uniroma3.it). The exam on the second part of the program will consist in the oral discussion concerning a specific topic agreed with the Professor. The exam on this part of the program will be held in the following sessions: - January 11, 2023; - February 1, 2023; - February 22, 2023; - June 6, 2023; - June 21, 2023; - July 19, 2023; - September 6, 2023; - September 20, 2023. For more information please contact prof. Tommaso dalla Massara (tommaso.dallamassara@uniroma3.it), or dr. Marta Beghini (marta.beghini@uniroma3.it). Evaluation criteria The final evaluation is expressed in thirtieths (30/30). The evaluation 30 cum laude is linked to the following assessment of the examination: complete autonomy of the student, complete control of the discipline, particularly appreciable critical and argumentative capacity of the student. Criteria for the composition of the final grade The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient/discreet knowledge of the contents; the evaluation between 25 and 29 shows a good or very good knowledge of the contents together with commendable critical skills. The evaluation between 30 and 30 cum laude corresponds to a very good or excellent knowledge together with high critical, analytical and connection skills. The study of the special part will also be taken into account in the evaluation of the critical capacity. Exam language English.