HISTORY OF ITALIAN LAW I
Learning outcomes of the course unit
The course offers an overview of developments and transformations of the law over the centuries of the Middle Ages with the aim to highlight the essentially historical character of legal phenomenon and to emphasize the importance of an appropriate historical perspective of existing law.
More specifically, the course aims to develop and deepen the sensitivity of legal and cultural horizons of students, in the sense of highlighting the need to problematize the implicit and uncritical assumption of dogmatic disciplines in order to bring out the awareness of the nature always contingent, local and relative of law.
It is therefore to develop a critical awareness in students of law, able to warn against the risk of recognize as necessary, immutable and final the existing legal solutions, instead of see their inevitable characterization as contextual, dynamic and special.
The course aims instead to show the persistence of educational consolidated and shared intellectual models with which lawyers - both past and present - build up, interpret and modify the legal experience of their time.
Course contents summary
The matter concerns the examination of the various legal experiences (relative to the sphere of law, both private and public) from the end of the ancient world to the modern age, with specific reference to the sources (legislative, doctrinal, documentary, courts) so as to institutions and jurists. Particular attention will be given to the issue of the formation of universities in the Middle Ages as a model for the organization of science teaching in the following centuries: appropriate emphasis will be given therefore to the study of the evolution of literary forms and methods of teaching in the schools of glossators and commentators and to the development of the main hermeneutical approaches in the legal field. It will also be shown the classical canon law, the legislative activities of the popes, and the procedural techniques in use in the medieval ecclesiastical courts.
In order to prepare for the exam it is recommended to use the following manual:
E. CORTESE, Le grandi linee della storia giuridica medievale, Roma, Il Cigno Galileo Galilei (excluding chapters 8 and 9 of the first part and chapter 3 and 10 of the second part)
The couse will take the form of traditional lessons; seminars may also be organised during the course.
The teacher will use the classroom projector for displaying images and educational diagrams.
Assessment methods and criteria
The course of History of Italian Law consists of two annuities. At the end of the first year, i.e. at the end of the semester of the course described here, the student may enroll via internet to support the exam, which will consist of oral questions on the subjects dealt with by the teacher during lessons, divided into a series of questions about different points of the program. Upon completion of the test, the teacher will inform the student the grade obtained, expressed through a vote of thirty.
If the student accepts the vote so accrued, will be prepared in a form which will contain the student's identification data and the details of the exam. If the student wants to retake the exam in order to achieve a better rating, will not be made any form, and the student may retake the test already by the appeal immediately following.
In any case, even the positive outcome of the test does not lead to the drafting of an official record of passing the exam, since this will be issued only after passing the History of Italian Law II, that even with the passing of the second part of the course, which is taught during the second year. The evaluation obtained when examining the History of Italian Law I, registered in the provisional form said above, will constitute an average obtained with the outcome of the course of History of Italian Law II, and this average will be the final score that will be recorded on the final verbalization of the examination of the course of History of Italian Law.