Learning outcomes of the course unit
The course aims to introduce the student to the jurisprudential elaboration of the law through the comments of Roman sources.
Course contents summary
The Roman legal system appears to be case based, alien to abstractions, based on the analysis of the individual cases at issue and basically oriented to avoid theoretical deep analysis.
Roman law was developed through a method that was very far from the axiomatic and deductive methodology typical of late natural law, however, to make a bridge between the cases and the system, there was the Roman jurisprudence, which had been able to extract general principles from the individual cases, and was therefore capable of creating a scientifically ordered system. A key contribution in this process of rational development was given by procedural techniques. What emerged was a unique system that had its roots in a class of lawyers.
Based on these premises, the course aims, first, to deepen the links between the cases and the systematic trends in that particular area of private law which is the law of succession. More specifically, it will be first studied the inheritance system from ancient times up to the Justinian era, through the constant reading of jurisprudential sources. Secondly, it will be studied the work of the jurist Callistratus dedicated to the new procedural order, in an attempt to bring organization into a matter that was still fluid and in need of being processed.
S. Puliatti, La successione ereditaria in diritto romano. Profili, Giappichelli, Torino, 2015 (to be printed)
S. Puliatti, I libri de cognitionibus di Callistrato (to be printed)
Assessment methods and criteria