30620 - HISTORICAL FOUNDATIONS OF LAW - MODULE 2 (COMMON LAW)

The course focuses on the historical development of the common law tradition, from the late eleventh century onwards. The course’s mission is to build a historical understanding of modern legal systems, starting from the formation of a national system of law in England, known as the common law. In contrast to the European continent, where Roman law exerted greater influence and codification movements gained traction, England embraced a system of private law rooted in custom and case law, with less reliance on legislation. In the broader context of the Bachelor in Global Law, the historical foundations of common law contribute to the education of contemporary jurists, who are increasingly detached from national law and focused on an international dimension, in which principles play a preeminent role over individual national legislations.

The course provides students with an introduction to the origins and the subsequent evolution of the common law tradition, which emerged, in the XI century, in contrast to the Roman civil law. The common law tradition originated from the practices of the English royal courts in the centuries following the Norman Conquest of England in 1066.

Although the early common law scholars and judges were familiar with Roman law, the development of the common law had progressed to a point where it diverged from the reception movements experienced in the same decades on the European continent.

In the XII Henry II institutionalized common law. He created a unified system of law that applied throughout the country. Local customs were incorporated and elevated to a national level, enabling all the king's courts across England to implement a unified legal framework.

The course will trace the evolution of this system and its significance in shaping the figure of the contemporary global jurist.

• have a solid legal-historical education, in order to better appreciate the origins and the evolution of common law, from the early Middle Ages to the XX Century;
• know the evolution of the sources of law, from the collapse of the Roman Empire till nowadays;
• be able to distinguish the following periods of legal history and identify their main characters: Late Antiquity; Early Middle Ages; Age of ius commune; Early Modern period; Age of Reforms; Age of Nations; Contemporary period (XX century);
• value the importance of legal history in order to better understand positive law.

• recognize the historical origins of contemporary legal terminology and the general framework of common law system;
• interpret positive rules in light of their historical evolution from the Middles Ages to the Contemporary legal experiences;
• build a legal reasoning that takes into account the origin of the norms;
• value the importance of legal history to elaborate an answer to the question: ‘Are we heading towards Global Law’?

• Face-to-face lectures

tbd

Discussion of a paper in a class oral presentation.

Multiple choice test as final written exam.

Oral exam on the content of the suggested textbooks.

Russell Sandberg, A Historical Introduction to English Law. Genesis of the Common Law, Cambridge: Cambridge University Press, 2023

Antonio Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentiwth Century, Cambridge 2017. Selected parts of the Textbook will be indicated for the Attending Students by the Lecturer.

Russell Sandberg, A Historical Introduction to English Law. Genesis of the Common Law, Cambridge: Cambridge University Press, 2023

Antonio Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentiwth Century, Cambridge 2017.