EXEGESIS ON THE SOURCES OF ITALIAN LAW
Learning outcomes of the course unit
The aim of the course is to enable students to learn, to read, to distinguish and to appreciate the different literary genres used by jurists of the school of Glossa and the school of Commento. In particular, specific attention will be paid to literary genres in which there is the use of the hermeneutical and heuristic criteria necessary to deal with and resolve the typical intellectual controversies of Scholasticism, to allow students to finally know how to apply the same methodologies to the study and application of current law.
Course contents summary
The course deals with the study of some of the sources that belong to the history of Italian law, and in particular aims to analyze the different literary genres in use between the jurists of the school of Glossa and the school of Commento, including for example glossae, summae , dissensiones, arbores, brocardi. Moreover, among these sources particular attention will be paid to the sources concerning the methodology of disputatio and quaestio.
In order to prepare for the exam it is recommended to use the following textbooks:
- A. Errera: Forme letterarie e metodologie didattiche nella scuola bolognese dei glossatori civilisti: tra evoluzione ed innovazione, in Studi di storia del diritto medioevale e moderno, vol. I, Monduzzi Editore, Bologna 1999, pp. 33-106;
- A. Errera: Alle origini della scuola del commento: le additiones all’apparato accursiano, in Studi di storia del diritto medioevale e moderno, vol. II, Monduzzi Editore, Bologna 2007, pp. 41-137;
- materials (photocopies and transcriptions of sources) distributed during the lessons.
The course is divided into lectures designed according to the active learning mode, with oral presentation of the subjects that constitute the subject of the course. Each lesson will be 60 minutes. During the lessons, teaching aids will also be used in the form of slides projected during the lessons. A part of the lectures will be seminar-based and aimed at a deeper study of single salient points of the course with an active and individual involvement of the students in the survey of single quaestiones.
Assessment methods and criteria
The summative assessment of the learning consists of a final oral test, consisting of an oral question designed to ascertain to what extent, in an evaluation scale from 0 to 30, the student is able to illustrate the contents of the course, and in particular to distinguish the different literary genres, to read the sources examined during the lectures, to describe the peculiar characteristics and aims, as well as to illustrate the main didactic functions or the possible destination to the forensic practice.