The course is aimed at providing students with knowledge of the historical dimension of law, as a social and economic experience. In particular, the purposes of this course are: 1) to illustrate the sources of Italian law from the end of the political and legal unit of Italy due to the Lombard invasion, to the modern age; 2) to study the history of the legal systems that characterized the legal pluralism in Europe and Italy, especially with regard to the history of the exercise of the legislative power; 3) to study the connections between the history of law and the forms of economic activity, particularly with regards to the history of commercial capitalism.
The course is also aimed, through the study of the ONMI, at introducing the general knowledge of the law of protection of woman and motherhood, as a basic matter in the complex mosaic of Fascist population policy.

Justinian's Compilation. Italy and Kingdom of the Lombards. Essential elements of their legal experience. Customary law. Roman law and feudal law. School of Bologna. Canon law. Canon Law. Glossators and Commentators. Municipalities in the central and northern Italy. Regnum Siciliae. Ius commune. Statutory law. Ius proprium. Role of lawyers in the experience of ius commune. Legal systems of medieval renaissance. Origins of modern state in Europe. Codification in Europe and Italy. Modern constitutionalism in Europe and Italy.

The crisis of the Common Law: the problem of citations. Historical development of commercial capitalism. The ONMI in fifty years of Italian history.

NO

The student acquires the fundamental legal skills and knowledge of the historical dimension of the law, as a social and economic experience, and the function of the legal historiography, as an instrument to criticize the actual legislation.

The student is able to contextualize and understand the main legal institutions; and to show a detailed knowledge of the history of law, and the ability to use the Sources of law and jurisprudence.

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

NO

Teaching

Lectures

Attendance

NO

Course books

A. General part

M. BELLOMO, Società e diritto nell'Italia medievale e moderna, Roma, Il Cigno edizioni, 2007 .

G. S. PENE VIDARI, Storia del diritto. Età contemporanea, Torino, Giappichelli, 2014 .

B. Special part

M. MORELLO, Donna, moglie e madre prolifica. L'Onmi in cinquant'anni di storia italiana, Rubbettino Editore, Soveria Mannelli 2010.

(*) M. MORELLO, Il problema delle citazioni nella crisi del diritto comune. Interventi a carattere antigiurisprudenziale in alcuni ordinamenti italiani tra XV e XVIII secolo, in Studi Urbinati a. LXXXIV-2017, Nuova serie A - N. 68, 1-2, pp. 161-222;;

(*) V. CRESCENZI, La formazione storica del capitalismo commerciale, in Diritto romano attuale. Storia, metodo, cultura nella scienza giuridica, 9, giugno 2003, pp. 45 - 93.

Assessment

Oral exam.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

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.

Teaching

Lectures

Attendance

NO

Course books

A. General part

M. BELLOMO, Società e diritto nell'Italia medievale e moderna, Roma, Il Cigno edizioni, 2007 .

 G. S. PENE VIDARI, Storia del diritto. Età contemporanea, Torino, Giappichelli, 2014 .

B Special part

M. MORELLO, Donna, moglie e madre prolifica. L'Onmi in cinquant'anni di storia italiana, Rubbettino Editore, Soveria Mannelli 2010.

(*) M. MORELLO, Il problema delle citazioni nella crisi del diritto comune. Interventi a carattere antigiurisprudenziale in alcuni ordinamenti italiani tra XV e XVIII secolo, in Studi Urbinati a. LXXXIV-2017, Nuova serie A - N. 68, 1-2, pp. 161-222;

 (*) V. CRESCENZI, La formazione storica del capitalismo commerciale, in Diritto romano attuale. Storia, metodo, cultura nella scienza giuridica, 9, giugno 2003, pp. 45 - 93.

Assessment

Oral exam.

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

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.

Any additions to the program must be agreed with the teacher.