The course aims to acquire the indispensable elements of the birth and of the development of legal reasoning, through the study of the method of the jurists. At the end of the course the students will have to identify the reasons underlying the legal reasoning and the main criteria of the legal arguments, also seen from a comparative point of view.

The program of the course is divided in two parts. 

The first one aims to guide the students closer to a reasoned and critical vision of law through the perspective of the work of the roman Jurists in their fundamental stages. 

It will last 30 hours.

The second one will instead be dedicated to the motivations underlying the process of identifying the legal Rule, studying, on the one hand, the problem of the fixity  of the law (systems of so called ‘civil law’), and, on the other hand, the flexibility of the legal argument (system of so called ‘common law), through the analysis of judicial decisions.

It will last 30 hours.

None.

1. The student must have acquired a sufficient ability to use a critical approach to the legal phenomenon and sufficient logical rigor (knowkedge and understanding).

2. The student must have be able to identify the underlying reasons for solving the proposed legal cases (Applying Knowledge and understanding).

3. The student will need to be able to recognize the techniques of the interpretations of the jurists even in a legally complex context (Making Judgements).

4. The student will have to demonstrate that he has acquired adequate skills to use correct technical language to describe the argumentative process (Communication Skills).

5. The student will have acquired autonomy in different study contexts, with the necessary tools to increase his legal knowledge (Learning Skills).

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

Additional support material may be provided in the form of handout or slides on blended platform.

The lecturer might arrange group in class and with material available on the blended platform.

Teaching

Frontal lessons.

Working group will be organised in the classroom to discuss pratical cases, and it would be possible to continue working at the home and then discuss the outcomes with the lecturer.

Attendance

No additional knowledge is required in addition to the basic knowledge foreseen in the stydy Plan.

Course books

For the first part:

C.A. Cannata, Per una storia della scienza giuridica europea, I. dalle origini a Labeone, Giappichelli, Torino, 1997.

For the second part:

L. Raggi, Il metodo della giurisprudenza romana, Giappichelli, Torino, 2007.

Assessment

Oral examination, consisting of three or more questions. The evaluation criteria are: ability to define institutions and their logic; ability to assess legal cases; ability to grasp the ratio of legal institutions and their historical evolution.

There will be at least two self-assessment tests written during the course, consisting of open-ended and multiple-choice answers that are important to valutate by the students their level of preparation until then. The results of the tests are discussed by the lecturer with the students, so any gaps have been fill in within the end of the course.

The evaluation criteria and the scale of marks are as follows:

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

• 18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

• 21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

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

• 27-29: competence level very good. 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

Material for clarification are available on blended platform.

Attendance

No additional knowledge is required in addition to the basic knowledge foreseen in the stydy Plan.

Course books

For the first part:

C.A. Cannata, Per una storia della scienza giuridica europea, I. dalle origini a Labeone, Giappichelli, Torino, 1997.

For the second part:

L. Raggi, Il metodo della giurisprudenza romana, Giappichelli, Torino, 2007.

Assessment

Oral examination, consisting of three or more questions. The evaluation criteria are: ability to define institutions and their logic; ability to assess legal cases; ability to grasp the ratio of legal institutions and their historical evolution.

There will be at least one written intermediate self-assessment test inserted on the blended platform. Students can send the test to the lecturer who will discuss the results with each individual student. The test does not affect the final risult of the exam, but it is indispensable, especially for students who are not attending, to understand their level of preparation. In any case, the lecturer is always available to provide explanations to students who are not attending, even through specific appointments to be agreed upon together.

The evaluation criteria and the scale of marks are as follows:

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

• 18-20: competence level sufficient. The student attains the learning results described in “knowledge and understanding”;

• 21-23: competence level satisfactory. The student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”;

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

• 27-29: competence level very good. 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.

Although attendance at the course is not compulsory, it is strongly requested, with any other activities set by the lecturer.

Students who wish so may take the exam in English, and study the following text, all of it: 

P. STEIN, ROMAN LAW IN EUROPEAN HISTORY, Cambridge University Press, 1999.