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Course 2023-2024 a.y.

30619 - HISTORICAL FOUNDATIONS OF LAW - MODULE 1 (CIVIL LAW)

BGL
Department of Law

Course taught in English

Go to class group/s: 28

BGL (6 credits - II sem. - OB  |  IUS/18)
Course Director:
FEDERICO PERGAMI

Classes: 28 (II sem.)
Instructors:
Class 28: EMILIO CAROLI


Synchronous Blended: Lezioni erogate in modalità sincrona in aula (max 1 ora per credito online sincrona)

Suggested background knowledge

To feel comfortable in this course, you should be familiar with… To feel comfortable in this course, you should have a good knowledge of… For a fruitful and effective learning experience, it is recommended a preliminary knowledge in…


Mission & Content Summary
MISSION

The course’s mission is to develop tools whereby students may identify relevant issues of civil law as a legal system in its historical evolution and to acquire critical skills of legal interpretation (iuris-prudentia), through an approach to normative and juristic sources, in order to mature awareness of the historical roots of civil law system, based on Roman law. In the context of a Bachelor in Global Law, the Roman legal experience offers the most solid example of the evolution of an entire legal system in an ever-expanding society, where professional jurists developed detailed rules of law, reaching highly sophisticated results. Indeed, the main scope of the course is to offer a reconstruction of the important role played by Romans in creating the very idea of a common legal culture.

CONTENT SUMMARY

The course aims at introducing students to the Roman foundations of contemporary civil law system and conducting a comparative analysis of some key institutions of the civil law system.

The following topics will be covered in the course:

  • The historical evolution of Roman law and the origin of the Roman law based system (civil law);
  • The legacy of the Roman legal tradition and its influence on the contemporary legal systems;
  • The historical evolution of some key institutions of the Roman private law.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • have a solid basic legal-historical education, in order to better appreciate the origins of civil law;
  • know the main sources of ancient Roman law on which the current civil law system was built;
  • know the main institutes of Roman private law;
  • know the historical evolution of Roman public law;
  • value the importance of Roman law’s experience for the evolution of a modern legal system.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • recognize the historical origins of contemporary legal terminology and the general framework of the civil law system;
  • interpret the rules in light of their historical evolution;
  • build a legal reasoning that takes into account the origin of the norms;
  • understand the genesis and the growth of legal science and institutions;
  • acquire an insight into the universal principles of jurisprudence;
  • value the importance of Roman law’s experience for the evolution of a modern legal system

Teaching methods
  • Face-to-face lectures
  • Group assignments
DETAILS

Group assignments.

Attending students will be asked to write a paper on one of the lectures’ topics and to discuss it. The paper and the ensuing discussion will be evaluated as part of the final exam.


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •     x
  • Oral individual exam
  •   x  
  • Individual assignment (report, exercise, presentation, project work etc.)
  •   x  
  • Group assignment (report, exercise, presentation, project work etc.)
  •     x
  • Peer evaluation
  •     x
    ATTENDING STUDENTS

    Discussion of a paper in a class oral presentation.

    Multiple choice test as final written exam.

    NOT ATTENDING STUDENTS

    Oral exam on the content of the suggested textbooks.


    Teaching materials
    ATTENDING STUDENTS

    The final exam will be based on the notes taken from the lessons and the material distributed by the instructor.

     

    Integrative readings (copies of the books are available in the library):

    Peter Stein, Roman Law in European History, Cambridge 1999

    Paul J. Du Plessis, Borkowski’s Textbook on Roman Law, Oxford 2020;

    Federico Pergami, Roman Foundations of European Law, Milan 2023.

    NOT ATTENDING STUDENTS

    Peter Stein, Roman Law in European History, Cambridge 1999

    Paul J. Du Plessis, Borkowski’s Textbook on Roman Law, Oxford 2020;

    Federico Pergami, Roman Foundations of European Law, Milan 2023.

    Last change 14/07/2023 10:15