HISTORY OF ROMAN LAW
Learning outcomes of the course unit
The course aims to provide students with the basic outlines of Roman
public law, to study in depth aspects of criminal law.
In order to sit the Roman law history exam, it is necessary to have
passed the exams of private law institutions and Roman law institutions.
Course contents summary
The course proposes to trace the line of Roman penal law development
from ancient times to the era of domination, as much in its “substantial
aspects” as in the forms of study of the process, in order to highlight the
close connection existing in the Roman experience among the cases in
point of crime and the juridical forms of the application of penalties. That
together with the objective of understanding the peculiarities and the
progressive formation of the relative study, highlighting the originality
and the degree of awareness achieved in the process of elaborating the
outlines and problems subject to successive attention on the part of
penal science. In particular, attention will be placed on understanding
those aspects, relative to the multiple connections between the politicalconstitutional
structure of society and criminal repression in all its
implications, specifically those purely technical-juridical, which still today
offer a starting point for worthwhile reflection.
For systematic reasons, the course will take place in two parts: one
general, relative to the basically substantial penal law institutions and the
penal procedure, and a special part dedicated to the study of a single
criminal person and in particular of a few sexual crimes taken into
consideration in light of the input supplied by legal reflections and
For the general part:
B. SANTALUCIA, Diritto e processo penale nell’antica Roma, Giuffrè,
Milan, 1998 (except §§ 3. 4, 5, 7, 8 of ch. V).
For the special part:
The appropriate lecture notes of the individual criminal considered is in
the course of preparation.
The course takes the form of seminars in which a variety of historical
Roman legal documents are read and commented on.
The preparation of non attending students will be tested by means of a
traditional oral exam. Attending students will be able to sit progress
Assessment methods and criteria