50213 - ROMAN LAW - MODULE 2 (ROMAN FOUNDATIONS OF EUROPEAN LAW)

To feel comfortable with this course, you should be familiar with Roman Law I (Institutes of Roman Law).

The course aims to analyse the historical evolution of Roman law and its reception in contemporary European legal systems with particular reference to the principles of fair trial (public hearing, reasonable time, independent and impartial tribunal, presumption of innocence).

The course provides a general introduction to the reception of Roman jurisprudence into modern European legal systems. Starting with an historical overview of Roman institutions from the Regal period (VIII century BC) to the reign of Justinian (VI century AD), students are introduced to the main aspects of Roman private and public law and their persistence in the current European legal systems.
The Roman legal procedure is dealt with in depth. In particular, the core of the course is dedicated to the “Right to a fair trial”, as designed by Article 6 of the European Convention on Human Rights, as well as numerous international declarations and national constitutions (Article 111 of the Italian Constitution).
 

At the end of the course students will be able to estimate the influence of Roman law in contemporary European legal sysstems and to recognize the relevance of the historical legal experience in the training of a European jurist.

Students will be able to understand how the need for a fair trial constitutes a "historical constant" and that the principles set out in art. 6 ECHR and art. 111 of the Italian Constitution are the result of a historical evolution that finds its roots in Roman law. This awareness has inevitable repercussions in the practice of law and in the cultural formation of the contemporary jurist. Furthermore, by analyzing the law in its historical evolution, students will be able to develop a particular skill in the interpretation of contemporary legal systems.

• Face-to-face lectures
• Online lectures
• Guest speaker's talks (in class or in distance)
• Case studies /Incidents (traditional, online)
• Group assignments

•    Face-to-face lectures
•    Guest speaker's talks (in class or in distance)
•    Case studies /Incidents (traditional, online)
•    Group assignments
 

Attending students are tested on the cases and materials discussed throughout classes in the general written exam, attributing up to 60% of the final grade. The remaining 40% of the final grade is based on the partial written exam. Active class participation is also taken into account.

The final exam is designed to test how students master the influence of Roman Law on contemporary legal systems as well as their ability to critically interpret contemporary legal systems in light of their historical roots.

Class participation aims to evaluate the students' ability to work on selected cases and to apply the acquired knowledge for the interpretation and practical application of the principles of the fair trial. Furthermore, the partial exam aims to evaluate the student's ability to argue the evolutionary profiles of the jurisprudence of the European Court of Human Rights and the Italian Constitutional Court in the matter of fair trial.

Non attending students are tested on the textbook and on the material assigned by the teacher in the final exam, attributing up to 100% of the final grade.

The final exam is designed to test how students master the influence of Roman Law on contemporary legal systems as well as their ability to critically interpret contemporary legal systems in light of their historical roots.

Students are tested on the readings (including cases and papers) published on the BBoard platform and/or delivered during the lessons as well as on the following handbooks:
- P. STEIN, Roman Law in European History, Cambridge 1999, ISBN 978-0521643795
- Material distributed during the classes
 

Students are tested on the handbooks:
- P. STEIN, Roman Law in European History, Cambridge 1999, ISBN 978-0521643795
- Material and other textbooks orally suggested by the teacher