Learning outcomes of the course unit
Aim of this course is to lead students to evaluate the impact of the ius commune at a global level. A comparative approach to legal history will enlighten the fundamental characters of the legal systems developed in different European contexts, taking also into consideration their effects on the colonizing and decolonizing processes.
At the same time, we’ll focus on the common foundations of various European legal systems, describing categories, concepts and methodologies that allow a wider understanding of law as a transnational experience.
there is no formal prerequisite
Course contents summary
Aim of this course is to study the concept of ius commune in its various incarnations, using it as an hermeneutic key to interpreting European legal history and its impact on the rest of the world
We will first of all consider the socio-political and ideological bases that led to the devolpment of the ius commune system in Italy. The fundamental structure of this system will be described in detail.
The evolution of the ius commune scholarship will be later analyzed, first describing its elaboration on the basis of the roman law and canon law texts that represented its authoritative foundation. We will later take into consideration its long historical journey, from its first appearance in late medieval universities to its progressively worsening crisis through the modern age. Special focus will be given to methodological evolutions within the civil law and the canon law scholarship and to the literary genres used in this context.
We will later take into consideration the historical development of the ius commune system in three different geographical areas of Europe: the kingdom of France, the Hiberic peninsula and the German speaking countries. The peculiarities of each of these contexst will be analyzed, enlightening at the same time the common foundations of different legal system of continental Europe.
We will later discuss the fundamental features of common law system, underlining its differences with the civil law system but analyzing also the common cultural foundations.
All these cultural experiences will be studied taking also into consideration the effects of their transplant outside Europe in the colonial era, leading to different kinds of interactions and contaminations with the legal systems of the colonized peoples.
- M. Caravale, Alle origini del diritto europeo. Ius commune, droit commun, common law nella dottrina giuridica della prima Età moderna, Milano 2005, pp. 1-64; 115-240.
- A. Cavanna, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, I, Milano 1982, pp. 390-427 443-583
The course is organized with frontal classes, supported by power point presentations.
Assessment methods and criteria
Oral exam with 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.In the event that the health emergency continues and depending on how it evolves, the exam may take place either in mixed mode (i.e. in the presence, but with the possibility of support even remotely for students who request it from the teacher) , or only with online mode for everyone (remotely). The chosen method will be promptly notified on the Esse3 system in advance of the exam.