HISTORY OF ROMAN LAW
Learning outcomes of the course unit
The course aims to provide students with the basic outlines of Roman public law, to study in depth aspects of criminal law.
In order to sit the Roman law history exam, it is necessary to have passed the exams of private law institutions and Roman law institutions.
Course contents summary
The course proposes to trace the line of Roman penal law development from ancient times to the era of domination, as much in its “substantial aspects” as in the forms of study of the process, in order to highlight the close connection existing in the Roman experience among the cases in point of crime and the juridical forms of the application of penalties. That together with the objective of understanding the peculiarities and the progressive formation of the relative study, highlighting the originality and the degree of awareness achieved in the process of elaborating the outlines and problems subject to successive attention on the part of penal science. In particular, attention will be placed on understanding those aspects, relative to the multiple connections between the political-constitutional structure of society and criminal repression in all its implications, specifically those purely technical-juridical, which still today offer a starting point for worthwhile reflection.
For systematic reasons, the course will take place in two parts: one general, relative to the basically substantial penal law institutions and the penal procedure, and a special part dedicated to the study of a single criminal person and in particular of a few sexual crimes taken into consideration in light of the input supplied by legal reflections and imperial regulations.
For the general part:
B. SANTALUCIA, Diritto e processo penale nell’antica Roma, Giuffrè, Milan, 1998 (except §§ 3. 4, 5, 7, 8 of ch. V).
For the special part:
The lecture notes regarding sexual crimes in the late Roman Empire is in preparation.
The course takes the form of seminars in which a variety of historical Roman legal documents are read and commented on.
The preparation of non attending students will be tested by means of a traditional oral exam. Attending students will be able to sit progress tests.
Assessment methods and criteria