Insegnamento a.a. 2024-2025

50219 - HISTORY OF LAW - MODULE 1 (INTRODUCTION TO EUROPEAN LEGAL HISTORY)

Department of Law

Course taught in English
Go to class group/s: 19 - 20
CLMG (6 credits - I sem. - OB  |  IUS/19)
Course Director:
EMILIO CAROLI

Classes: 19 (I sem.) - 20 (I sem.)
Instructors:
Class 19: STEFANO MALPASSI, Class 20: JAMES RUSSELL GORDLEY


Suggested background knowledge

The teaching presumes a general familiarity with the institutions of private and public law.

Mission & Content Summary

MISSION

The aim of the course is to provide an overview of the history of law in Europe. The purpose is to sketch the history of a common civilisation, to which contributed people coming from different and faraway lands, cities, kingdoms and towns. The course will consider the contribution of four traditions: that of the Germanic tribes that invaded the Roman Empire, of Roman law, of Christianity, and of Greek philosophy. It will focus on the influence of these traditions on legislation, law and legal practice. It will examine the common features and the development over time of judicial procedure, the private law of obligations, and some aspects of public law. Special emphasis will be placed on the relation between laws and the role played by professional jurists. Overall, the course aims to introduce students to the complexities of European legal history through in-depth analysis of the sources of the law, from the Middle Ages to the Early Modern period in continental civil law and the English common law.

CONTENT SUMMARY

By the understanding of the development of law during the period between the time of Justinian’s compilation (VI Century AD) and the Early Modern period (XVI Century AD), including an understanding of the relevant social, political and economic contexts, the course aims to raise awareness of the close link between the history of law and the history of ideas and institutions. The main topics covered during the course are:

 

  • Law in Late Antiquity
  • Christianity, Church and Law
  • Law of the Germanic Kingdoms
  • The Carolingian and Feudal Age
  • Customs and Legal Culture
  • Church Reform

 

  • The Glossators and the New Legal Science
  • Canon law
  • Law and Institutions
  • University: Students and Teachers
  • Legal professions
  • The Commentators
  • Particular laws
  • Local laws
  • The Medieval Ius Commune
  • English Common Law: the formative age

 

  • Churches and States in the Age of Absolutism
  • Legal Humanism
  • Court Decisions
  • Natural Law

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Describe the framework of the historical evolution of the law in Europe
  • Recognize the different sources of law from the Middle Ages to Early Modern period
  • Retrace the historical evolution of the fundamental legal principles of both private and public law

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Understand the current European legal systems and their peculiarities also due to the complex historical evolution
  • Read consciously the various sources of law and understand the role of jurisprudence as interpretation of law (iuris-prudentia)
  • Seek to reflect on the further development of law by understanding the historical origins of positive law.

 

 


Teaching methods

  • Lectures
  • Collaborative Works / Assignments

DETAILS

Attending students will be asked to actively participate in class, and to read and discuss the sources and materials shared by the instructors.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
     x

ATTENDING STUDENTS

Attending students will be asked to take the exam on the contents of the lessons and the materials shared in class. The final exam consists of 1 open ended question (max 12 pts) and 20 multiple choice questions (1pt each). Active participation in class will be evaluated as well.


NOT ATTENDING STUDENTS

Non-attending students will be asked to take the final exam on the contents of the suggested textbooks. The exam consists of 2 open ended questions (max 12 pts) and 20 multiple choice questions (1pt each).


Teaching materials


ATTENDING STUDENTS

Attending Students:

 

Notes from the lessons and contents shared in class.

 

Selected parts of the textbooks that will be indicated by the instructors; a compilation of source materilas to be distributed by the instructor.


NOT ATTENDING STUDENTS

Non-Attending Students:

 

Antonio Padoa-Schioppa, A History of Law in Europe. From Early Middle-Ages to the Twentieth Century, Cambridge 2018, from page 1 to page 402.

 

Pietro Sirena, Introduction to private law, Bologna 2019 (selected parts will be indicated by the instructor).

 

James Gordley, Jurists. A Critical History, Oxford 2013 (selected parts will be indicated by the instructors).

Last change 24/05/2024 15:37