The programme has a special feature and is intended to deepen, through the reading of the sources, techniques of legal reasoning developed by Roman jurisprudence and their influence on European scientia iuris.
Canali
teacher profile teaching materials
To this end, the course is divided into two modules, one general and one monographic.
The general module focuses on the study of the sources of Roman law, from the ancient period to the compilation of Justinian, in their dual role as sources of knowledge and sources of law.
The attention will be particularly focused on the role of Roman jurisprudence, as a driver of productive law and a filter between the sources of law and practice. Specific insights you have on the methodology of interpretation of ‘creative jurisprudence’ with the analysis of the method by studying the texts of the Roman literature .
The special module, focusing on the analysis of one or more ' institutions ' or ' problem areas ', will focus on the analysis of the solutions, as a kind of case law, on law of obligations.
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano, Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012 (excepted Cap. IV ai paragrafi 2; 3.3; 3.4; 4; 5 only for the texts indicated in the classroom; 7 e 8)
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
The description of the parties that will not be the subject of study will be carried out during the course.
Class attendance is recommended.
The program for non-attending focuses on the study of texts :
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano. Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012.
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
Programme
The course of Roman law has monographic approaches and it is directed to explore the techniques of legal reasoning developed by Roman jurisprudence and their contribution in the construction of modern legal science.To this end, the course is divided into two modules, one general and one monographic.
The general module focuses on the study of the sources of Roman law, from the ancient period to the compilation of Justinian, in their dual role as sources of knowledge and sources of law.
The attention will be particularly focused on the role of Roman jurisprudence, as a driver of productive law and a filter between the sources of law and practice. Specific insights you have on the methodology of interpretation of ‘creative jurisprudence’ with the analysis of the method by studying the texts of the Roman literature .
The special module, focusing on the analysis of one or more ' institutions ' or ' problem areas ', will focus on the analysis of the solutions, as a kind of case law, on law of obligations.
Core Documentation
The program for attending students will deal with the support of the following texts:L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano, Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012 (excepted Cap. IV ai paragrafi 2; 3.3; 3.4; 4; 5 only for the texts indicated in the classroom; 7 e 8)
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
The description of the parties that will not be the subject of study will be carried out during the course.
Class attendance is recommended.
The program for non-attending focuses on the study of texts :
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano. Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012.
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
Type of delivery of the course
frontal teachingAttendance
free but raccomandedType of evaluation
Oral exam. Only for the attending students there will be an intermediate text on the first part of the course. The attendence will be texted through roll call and singnatures teacher profile teaching materials
General Part
This part will focus on the analysis, through the reading of the sources, of the structure of production of sources of law in different historical periods of the evolution of Roman Law, particularly with regards to the activities of Jurists and to their argumentative techniques.
Specific Part
This part, whose focus is the problem solving, is intended to deepen, through examination of some cases reported in the responsa prudentium, techniques of legal reasoning developed by Roman jurisprudence particularly with regards to casistic method.
VACCA L., La giurisprudenza nel sistema delle fonti del diritto romano. Corso di lezioni, II edizione riveduta ed ampliata, Giappichelli, Torino, 2012
Special Part
Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino, 2018
The students who attend the class have to integrate the study of the recommended texts with the notes of the frontal lessons and seminars and for these students a particular programme can be provided according to the contents of the frontal lessons and the indications of the Professor.
Programme
The course programme consists of two parts: a general part and a specific part.General Part
This part will focus on the analysis, through the reading of the sources, of the structure of production of sources of law in different historical periods of the evolution of Roman Law, particularly with regards to the activities of Jurists and to their argumentative techniques.
Specific Part
This part, whose focus is the problem solving, is intended to deepen, through examination of some cases reported in the responsa prudentium, techniques of legal reasoning developed by Roman jurisprudence particularly with regards to casistic method.
Core Documentation
General PartVACCA L., La giurisprudenza nel sistema delle fonti del diritto romano. Corso di lezioni, II edizione riveduta ed ampliata, Giappichelli, Torino, 2012
Special Part
Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino, 2018
The students who attend the class have to integrate the study of the recommended texts with the notes of the frontal lessons and seminars and for these students a particular programme can be provided according to the contents of the frontal lessons and the indications of the Professor.
Reference Bibliography
The main reference bibliography is indicated in the recommended texts. A specific bibliography can be recommended to explore topics of particular importance.Type of delivery of the course
The executive of the programme consists of the following activities: frontal lessons, seminars of visiting Professors, basic knowledge review exercises and for the students who attend the class practice exercises on casistic topics. Any chances of course execution will be promptly communicated to the students.Attendance
The frequency, even optional, is recommended given the seminarial and casistic nature of the course.Type of evaluation
Intermediate written evaluation For students who attend the course an intermediate evaluation takes place and it is considered as a partial exemption on the general part of the programme. This evaluation is written, its duration is two/ hours, it consists in two or three open-ended questions about the general part of the course and it intends to verify the level of knowledge and ability to write and interpret textually. Final oral exam For students who attend the class and who have passed the intermediate evaluation the final oral exam intends to verify the knowledge of the topics of the special part of the programme treated in the recommended texts and during the frontal lessons and the seminars. For these students the final evaluation is established taking into account the outcome of both the intermediate test and the final exam. For non-attending students the final oral exam concerns the topics of the general and special part of the programme covered in the recommended texts and it intends to verify the level of learning and the ability to exhibit in oral form and to interpret textually.