HISTORY OF ITALIAN LAW II
Learning outcomes of the course unit
The course provides an overview of developments and transformations of law over the centuries of the Modern and Contemporary Ages, with the aim of highlighting the essentially historical nature of the legal phenomenon and of underlining the importance of a proper historical framework of current law.
Course contents summary
The course aims to describe the evolution of legal experience in the Modern and Contemporary period. Taking its cue from the conclusion of the first course, and that is to say from the end of the Middle Ages, we will proceed to examine the changes introduced by Humanism, with the birth of the two different traditions of the mos gallicus and mos italicus. We will then focus on the Enlightenment and its consequences on the world of law, studying jusnaturalism and legal positivism. We will also examine the phenomenon of the codification and the experience of Pandectism. We will illustrate, then, the latest developments in the historical evolution of the legal phenomenon during the twentieth century. Some insights will be dedicated to the study of the jurisdiction during the Ancien Régime, as well as in the revolutionary period, in the Napoleonic age and liberal age. We will also briefly examine some of the most significant constitutional charters of the nineteenth and twentieth centuries.
In order to prepare for the exam it is recommended to use the following textbooks:
M. Caravale: Storia del diritto nell'Europa moderna e contemporanea, Editori Laterza, Bari-Roma 2015;
P. Alvazzi del Frate: Il costituzionalismo moderno. Appunti e fonti di storia del diritto pubblico, Giappichelli Editore, Torino 2007;
G. Minnucci: Jean Hotman, Alberico Gentili, e i circoli umanistici inglesi alla fine del XVI secolo, in Studi di Storia del diritto medioevale e moderno, vol. III, Monduzzi Editore, Milano 2014, pp. 203-262.
The course is divided into frontal lessons conceived in the way of active learning, with oral presentation of the subjects that are the object of the teaching. Each lesson will be 60 minutes. During the lessons, however, teaching materials will be used in the form of slides projected during the lessons. Slides will also be available for students attending and non-attending, in the form of files on an online computer support that will be available on the website www.monduzzieditoriale.it. Part of the lessons will be of a seminar character and aimed at the thematic study of individual highlights of the course.
Assessment methods and criteria
The summary appraisal of the learning consists of a final oral examination consisting of an oral question to determine to what extent, on a scale from 0 to 30, the student is able to highlight the essentially historical dimension of the phenomenon to emphasize the importance of a proper historical framing of existing law, to know and to enhance the diachronic perspective of current law, and to conceive the study of the legal phenomenon on the basis of the true understanding of its historical thickness. To this end, the student will obviously have to demonstrate that he has studied and understood the notions of the history of law that were given during the frontal lessons, which are contained in the texts recommended for the preparation of the exam and that are summarized in the form of didactic schemes of synoptic value in teaching support slides.