ROMAN FOUNDATIONS OF EUROPEAN LAW
FONDAMENTI DEL DIRITTO EUROPEO
Roman Foundations of European Law
Roman Foundations of European Law
A.Y. | Credits |
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2017/2018 | 10 |
Lecturer | Office hours for students | |
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Giuseppe Giliberti | Wednsday, h. 17-19 |
Teaching in foreign languages |
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Course with optional materials in a foreign language
English
French
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language. |
Assigned to the Degree Course
Date | Time | Classroom / Location |
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Date | Time | Classroom / Location |
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Learning Objectives
The course aims to offer the student an historical introduction to the Europen legal culture, starting from its Roman foundaions. Its specific learning objectives are:
- being aware of the social function of law and of its historicity
- managing the legal technical language both in the field of private and public law
- being capable of defining the essential characteristics of each juridical institute
- being capable of putting the juridical institutes in their own historical and socio-economic context
- being able to put the various arguments in a multidisciplinary framework (in which mainly occur Constitutional law, Private law, General theory of law, Legal philosophy Penal law, International law), that may be enriched by means of subsequent studies
- being able to compare ancient and modern institutes, understanding the factors of continuity and the radical differences.
Program
The program is structured in a general part focused on private law and two special topics regarding public law. The general part (45 hours), meant to the instituionl study of Roman private law, encompasses the following topics:
- Introduction to the Roman roots of the European legal systems
- The science of law
- The interpretation of law
- Roman law and its sources
- The law of actions
- I negozi giuridici
- The law of persons
-The law of property
- The law of obligations
- The law of successions
The historical comparatistic topics (15 ore hours in all) regard:
- Public Roman law and the problem of the "Roman constitution"
- Ius gentium and the "ancient international law"
Bridging Courses
None.
Learning Achievements (Dublin Descriptors)
Knowledge and understanding: The student will have a good knowledge of the institutes of Roman private law and will be familiar with an inter-disciplinary approach to the legal phenomena.
Applied knowledge and understanding: The student will be able to solve autonomously a simple legal case, singling out its ratio.
Making judgments: The student will be able to retrace the historical paths through which some ideologies, institutes and interpretation techniques became part and piece of a jurical language common to all European jurists.
Communication skills: The student will be able to communicate in oral and written form the contents of the course, making use of appropriate language and specific disciplinary terms. He will be able, in particular, to propose coherent definitions of the political institutions, juridical institutes and jurisprudential methods illustrated in the course, proposing also - if necessary - appropriate examples.
Learning skills: The student will be able to study autonomously, making use of the acquired conceptual framework. He/she will be aware that the norm does not consist only in a juridical disposition but is linked to a comprehensive legal culture and to the "law in action". Thus he/she will be capable of adopting a critical approach in studying all the topics of the Curriculum of Law.
Teaching Material
The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it
Supporting Activities
"Conferenze Francesco De Martino" (care of Jean Andreau, Marina Frunzio, Giovanni Luchetti, Aldo Petrucci) are a cycle of seminars concluded by a round-table conference. The topics concern law and social economic relations in the ancient world. Students attending the Conferences De Martino may take 2 credits.
Teaching, Attendance, Course Books and Assessment
- Teaching
The course is based on lectures and exercises on sources. The student will be encoruraged to intervene, above all proposing definitions and syntheses of the topics already treated and tiyng to solve simple legal cases. The student may also make use of teaching materials uploaded on Moodle.
- Attendance
The student is expected to attend at least 2/3 of the lectures. The basic knowledge required in in line with the requirements of the Curriculum.
- Course books
The course books in Italian are:
1. M. MARRONE, Manuale di diritto privato romano, Giappichelli 2004, 396 pagine
2. G. GILIBERTI, Constitutio e Costituzione, in "Cultura giuridica e diritto vivente", 2014 (http://ojs.uniurb.it/index.php/cgdv/article/view/369/3613), p. 1-20
3. G. GILIBERTI, L'ius gentium romano come ordinamento transnazionale, in "Cultura giuridica e diritto vivente", 2015 (http://ojs.uniurb.it/index.php/cgdv/article/view/485/468), p. 1-14.
The student may ask for an alternative bibliography in English.
- Assessment
The exam is oral. It consists in three or more questions. The evaluation criteria are: conscious use of the juridical language, accuracy and precision of the answer, capability to put the arguments in their historical and social context.
The attending students may participate in an intermediate learning test for which they will dispose of 60 minutes. The exercise consists in answering to three multiple-choice questions on topics expesed during the course and in writing a short text, chosing among three different arguments. The first part of the exercise (test) aims to a preliminary assessment of competencies and learning skills. La second part (short essay) aims to assess the studying method and to make the student aware of his/her own expressive capabilities and of the ability to expose an argument in short. The marks of the exercise and possible tutorship activities will be discussedinb the class and with single students.
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
Additional Information for Non-Attending Students
- Teaching
Non-attending students are encouraged to consult a simple handbook of Roman history, in order to put the topics in their historical perspective.
- Attendance
The basic knowledge necessary to prepare the exame is in line with the requirements of the Curriculum in Law.
- Course books
1. M. MARRONE, Manuale di diritto privato romano, Giappichelli 2004, 396 pagine
2. G. GILIBERTI, Constitutio e Costituzione, in "Cultura giuridica e diritto vivente", 2014 (http://ojs.uniurb.it/index.php/cgdv/article/view/369/3613), p. 1-20
3. G. GILIBERTI, L'ius gentium romano come ordinamento transnazionale, in "Cultura giuridica e diritto vivente", 2015 (http://ojs.uniurb.it/index.php/cgdv/article/view/485/468), p. 1-14.
- Assessment
The exam is oral. It consists in three or more questions. The evaluation criteria are: conscious use of the juridical language, accuracy and precision of the answer, capability to put the arguments in their historical and social context.
- Disability and Specific Learning Disorders (SLD)
Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.
To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.
Notes
The student can request to sit the final exam in English with alternative bibliography.
L'étudiant pourra demander de faire l'examen en français avec une bibliographie alternative.
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