Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


HISTORY OF ITALIAN LAW
STORIA DEL DIRITTO ITALIANO

A.Y. Credits
2021/2022 10
Lecturer Email Office hours for students
Sandro Notari
Teaching in foreign languages
Course with optional materials in a foreign language English
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

Law (LMG/01)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

Considering that law is a product of history, the main objective of teaching is to make the student aware of the elements of historicity present in the legal phenomenon. To this end, the course introduces the student to the study of the sources of law (custom, legislation, doctrine and jurisprudence) in a diachronic path that starts from the late empire centuries and reaches the contemporary age (4th-20th centuries). The student is called to distinguish historical periods, to recognize the moments of fracture, to grasp the elements of continuity over time of concepts and institutes, to identify the link between legal history and political and social history.

Program

The program is divided into two parts.

The first part (45 hours), of an institutional nature, deals with the following topics, presented in chronological order

1. Introduction to the study of the history of medieval, modern and contemporary law

2. The early Middle Ages. Church and Empire; Justinian's law; the law of the Germanic kingdoms (with particular reference to the Lombard kingdom); the feudal age

3. The late medieval age and the juridical renaissance (XII-XV centuries): sources, institutions and juridical culture. The pre-Irnerian season; the revolution of Irnerio and the School of the Glossators; the birth of the University of Bologna; the so-called "minor schools"; the birth of the science of canon law; the Italian communal regime; local and particular rights; the dialectic of sources in the experience of common law (ius commune-iura propria); the age of the Commentators; legal humanism

4. The modern age. End of medieval universalism and the New World; the modern school of natural law; the Great Courts; crisis of common law; the legal enlightenment;

5. The codifications. The processes of codification of the law in the Ancient Regime; the French Civil Code of 1804; ABGB; the reception of French codes in Italy

6. The constitutional systems. American constitutionalism; Revolution and constitution in France; the Restoration and the European constitutions; the Albertine Statute (1848) and the beginnings of parliamentarism in Italy 7. The nineteenth century: a juridical century; legal science in Italy and in Europe

8. Towards a new order: the long transition from the Unification to the Second World War in Italy. The constitutional monarchy; the codes; political representation; fascism; the transition, the republican constitution and the return to democracy

Bridging Courses

None

Learning Achievements (Dublin Descriptors)

Knowledge and understanding. At the end of the course the student is expected to know and remember the evolutionary stages of the European legal experience, along with its most important institutes; to consider the interaction of the legal phenomenon with politics, society and culture.

Applying knowledge and understanding. Students will develop the ability to offer an interpretation of the rules, with a proper understanding of the legal and socio-political content, related to ideals and values. Moreover, attending students are expected to be able to independently analyse documents selected by the professor and to communicate effectively using an appropriate legal lexicon.

Making judgmentents. Students will develop interpretative skills and the ability to give personal evaluations on the profiles considered during the course.

Communication skills. Students will develop the ability to express the knowledge acquired with a proper legal language, following argumentative paths typical of legal logic.

Learning skills. Students must have developed good learning skills, which allow them to extend and deepen the knowledge acquired during the course independently.

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

The teacher will provide students with other teaching support materials in the form of slides, scientific essays, handouts through the Moodle platform ›blended.uniurb.it


Teaching, Attendance, Course Books and Assessment

Teaching

The teaching is delivered in the second semester. The first part of the course (45 hours) is divided into lectures, with teaching methods that provide for the active participation and involvement of students, by stimulating analysis and debate on the topics covered. The second part of the course (15 hours) is divided into lectures by the teacher in the introduction to the oral exercises carried out by the students, on a voluntary basis. The exercises consist in the oral presentation of in-depth texts on topics covered by the seminar. The themes are identified by the teacher who provides the materials (texts and essays) on which the student performs his oral intervention in class.

Attendance

Attendance is not compulsory, but it is highly recommended.

The student must attend 75% of the lessons in order to take the examination as an 'attending student'.

Course books

I Parte 

- P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli, 2018

- M. Fioravanti, Stato e costituzione e M. Sbriccoli, Giustizia criminale, in Lo Stato moderno in Europa. Istituzioni e diritto, a cura di M. Fioravanti, Roma-Bari 2002, rispettivamente pp. 3-36, pp. 163-191

II Parte

- Appunti delle lezioni e materiali didattici forniti dal docente 

Students wishing to take the exam in English must study the following text: A. Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentieth Century, Cambridge University Press, 2017, §§ 1-33, pp. 1-536.

Assessment

Oral exam, consisting of three or more questions concerning the topics covered in the indicated exam texts.

Approximately halfway through the course, a written evaluation / self-evaluation test is scheduled, consisting of open-ended questions and / or a "closed" multiple-choice questionnaire.

The evaluation criteria and the scores of the oral exam are determined out of thirty according to the following scale:

less than 18/30 - insufficient level: the candidate does not achieve any of the expected learning outcomes;
18-20 / 30 - sufficient level: the candidate achieves the learning outcomes referred to in point 1;
21-23 / 30 - fully sufficient level: the candidate achieves the learning outcomes referred to in points 1 and 2;
24-26 / 30 - good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3;
27-29 / 30 - very good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3, 4;
30-30 cum laude - excellent level: the candidate fully achieves all the expected learning outcomes.

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

Attendance

Oral exam, consisting of three or more questions concerning the topics covered in the indicated exam texts.

The evaluation criteria and the scores of the oral exam are determined out of thirty according to the following scale:

less than 18/30 - insufficient level: the candidate does not achieve any of the expected learning outcomes;
18-20 / 30 - sufficient level: the candidate achieves the learning outcomes referred to in point 1;
21-23 / 30 - fully sufficient level: the candidate achieves the learning outcomes referred to in points 1 and 2;
24-26 / 30 - good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3;
27-29 / 30 - very good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3, 4;
30-30 cum laude - excellent level: the candidate fully achieves all the expected learning outcomes.

Course books

- P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli, 2018

- M. Fioravanti, Stato e costituzione e M. Sbriccoli, Giustizia criminale, in Lo Stato moderno in Europa. Istituzioni e diritto, a cura di M. Fioravanti, Roma-Bari 2002, rispettivamente pp. 3-36, pp. 163-191

Students wishing to take the exam in English must study the following text: A. Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentieth Century, Cambridge University Press, 2017, §§ 1-33, pp. 1-536.

To these texts, non-attending students add a compulsory text chosen from the following:

- L. Loschiavo, L'età del passaggio. All'alba del diritto comune europeo (secoli III-VII), Torino, Giappichelli, 2019.

- M. Caravale, Diritto senza legge. Lezioni di diritto comune, Torino, Giappichelli, 2013

-  M. Ascheri, Istituzioni medievali, Bologna, Il Mulino, 1999

- C. Ghisalberti, Unità nazionale e unificazione giuridica in Italia. La codificazione del diritto nel Risorgimento, ult. ed., Roma- Bari, Laterza 

- E. Dezza, Storia della codificazione civile. Il Code Civil (1804) e l'Allgemeines Brgerliches Gesetzbuch (ABGB, 1812), seconda edizione, Torino, Giappichelli, 2000.

Assessment

Oral exam, consisting of three or more questions concerning the topics covered in the indicated exam texts..

The evaluation criteria and the scores of the oral exam are determined out of thirty according to the following scale:

less than 18/30 - insufficient level: the candidate does not achieve any of the expected learning outcomes;
18-20 / 30 - sufficient level: the candidate achieves the learning outcomes referred to in point 1;
21-23 / 30 - fully sufficient level: the candidate achieves the learning outcomes referred to in points 1 and 2;
24-26 / 30 - good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3;
27-29 / 30 - very good level: the candidate achieves the learning outcomes referred to in points 1, 2, 3, 4;
30-30 cum laude - excellent level: the candidate fully achieves all the expected learning outcomes.

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.

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