EXEGESIS ON THE SOURCES OF ITALIAN LAW
Learning outcomes of the course unit
Aim of this course is to allow students to have a first-hand experience of the different kind of sources that coexisted in the medieval and early modern ius commune system, in order to:
- acquire a fundamental awareness of the way pre-modern legal systems concretely worked, understanding the interaction between different kind of sources and the contribution of the various categories of juridic operators to the elaboration of law.
- recognize and interpret the various kind of sources of juridical nature that can be found with a bibliographical or archival research (also via web)
- have an overview of the sources of juridical nature that could be used in an historical and legal-historical research (also in order to write a dissertation)
there is no formal prerequisite
Course contents summary
Aim of this course is to allow students to have a first-hand experience of the different kind of sources that coexisted in the medieval and early modern ius commune system.
The course will start with the description of the placita of the early middle-ages, pointing out how they represented the context in which the justinianean law re-appered in the legal history of the Italian paeninsula.
We will then focus on the different literary genres that were in use in medieval universities, in order to enlighten the main features of legal education in the context of the first medieval universities.
At the same time, after describing origins and development of the activity of medieval notaries, we’ll analyze different kind of acts, enlightening their juridical content.
We’ll later deal with canon law sources, describing their different tipologies; special attention will be given to pontifical sources.
We will later focus on the legal sources produced at a local level, both by communes and by guilds of arts and craft.
The last topic to be tackled will be the description of local laws in the Modern Ages, with special reference to the Duchy of Parma under the Farnese and Bourbon domination.
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;
- G. Tamba, Una corporazione per il potere. Il notariato a Bologna in età comunale, CLUEB, Bologna, pp. 15-195.
The course is organized with frontal classes, given in presence or, if the current pandemic situation persists, online, in synchronous mode, through Microsoft teams, with the aid of power point presentations.
The videos of the single lessions will be updloaded on Elly. The slides of each lesson will be downloadable from the same platform.
As long as student reception will not be possible in person, it is possible to arrange via mail videomeetings via Teams
Assessment methods and criteria
Students will be tested with an oral exam on a pre-determined list of questions. The exam will consist in three questions on specific topics discussed during our lessons. Each answer will be evaluated on a scale from 0 to 10, assessing the possess of the fundamental notions of this subject, the reasoning and contextualizing abilities and the property of language of each student. The final mark will be given in thirtieths.
As long as the current pandemic situation will last, exams will be done in mixed mode (that is, in presence, but with the possibility for students to ask to be tested online) or exclusively online. The selected mode will be communicated via Esse3 well in advance before the exams.