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.

The methodology of the course, which combines traditional teaching (lectures) with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform), is aimed at developing both the basic cognitive knowledge, both superior cognitive knowledge. In this way, through direct dialogue with the teacher and the work in class (Teaching Working Class), we want to stimulate the learning process through a more effective involvement of students and a better organization of the material, to facilitate the processes of knowledge during the course.

The course (54 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 (4th-10th centuries). Late Antiquity: an age of transition; Church and Roman Empire; the sources of law in the age of the Dominate; first collections of general leges and the Theodosian Code (438). — The Corpus of Justinian; the Pragmatica sanctio of 554. — Germanic rights and leges of the Roman-barbarian kingdoms; the institutions of the Lombard kingdom; the Edict of Rothari (643); evidences, role of the judge, compositiones in the Lombard trial. — The Church of Rome, the Carolingians and the "rebirth" of the Empire. — The feud: controversial origins and constitutive elements of the institute; progressive prevalence of the patrimonial character over the personal nature of the feud.

3. The late Middle Ages and the medieval legal Renaissance (11th-15th centuries): institutions, sources of law and legal culture. The reform of the Church (XIth c.); Gregory VII and the struggle over the investitures; the Dictatus Papae (1075 or 1076). — The "legal Renaissance": an ancient law for the new millennium; the pre-Irnerian period; the revolution of Irnerius and the School of civil law Glossators; the birth of the Studium of Bologna; the so-called "minor schools". — A new order for Church law: the Decretum of Gratian (circa 1140), the Liber Extra of Gregory IX (1234) and the origins of the science of canon law. — Birth, development and decline of the Italian communal regimes; local and particular laws; the municipal statuta; the dialectic of sources in the experience of common law (ius commune-iura propria); the doctrine of the statutes elaborated by the jurists of the late Middle Ages (the theoretical justification of the potestas condendi statuta). —The Italian monarchical orders; the Norman kingdom of Sicily; Frederick II and the Liber Augustalis (1231). — The age of the Commentators (XIIIth-XVth centuries); Bartolo da Sassoferrato and the bartolismo. — Legal humanism (XVth-XVIth centuries); Andrea Alciato and the School of Bourges; two doctrinal addresses: mos gallicus and mos italicus iura docendi.

4. The modern age (16th-18th centuries). The end of medieval universalism and the New World; the modern natural law theories; the jurists-theologians of the School of Salamanca; Grozio, Hobbes, Locke. — The legal literature in the age of jurisprudence: consilia and decisiones; the Great Tribunals and the Rotas. — The crisis of the "system" of ius commune; the anti-jurisprudential ideology and the norms of the territorial prince; criticisms of the mos italicus of G.B. De Luca; L.A. Muratori and the treatise Dei difetti della giurisprudenza (1742). — The legal enlightenment; the political-juridical thought of Montesquieu, Rousseau and Voltaire; new economic theories: the physiocracy; the penal problem and the reform of Cesare Beccaria. — The French Revolution; the National Constituent Assembly and the Declaration of the rights of man and of citizen (August 26, 1789); territorial government and reforms of the judicial system of the revolutionary and Napoleonic era; introduction of the French-Napoleonic administrative and judicial systems in the Italian Departments.

5. The age of codes (18th-19th centuries). The legislative compilations of European enlightened absolutism (18th c.).  — The revolutionary legislation: the "droit intermédiaire" and the workshop of the French civil code. — The Code civil of 1804 and the characters of the "modern code"; the other Napoleonic codes; jurists and interpretation. — The Austrian General Civil Code of 1811 (ABGB). — The revolutionary legislation: the "droit intermédiaire" and the workshop of the French civil code. — The Code civil of 1804 and the characters of the "modern code"; the other Napoleonic codes; jurists and interpretation. — The Austrian General Civil Code of 1811 (ABGB). — Savigny vs Thibaut: the debate over codification in Germany (1814). — The introduction of the Code civil in Italy in the Napoleonic period and his reception in the Italian States in the Restoration (after 1814).

6. The constitutional systems (18th-19th centuries). The American Revolution and the Constitution of the United States of America (1776-1791). — The constitutions of revolutionary France (1791-1799). — The age of the Restoration and the European constitutions (1814-1848); the constitution of the Kingdom of Sardinia of 1848 (the Statuto Albertino) and the beginnings of parliamentarism in Italy. 

7. The nineteenth century: a legal century (1814-1916). Legislation, culture and legal science in Italy and in Europe; the French School of Exégèse; the German Historical School; the Pandectist School.

8. Towards a new order: the long transition of Italy from Unification to the Second World War. Italy united in the new kingdom: the constitutional monarchy, the codes, the political representation (1861-1921). — The Fascist regime in terms of legal history (1922-1943). —  The two so-called "Costituzioni transitorie" (1944-1946). —  The Republican Constitution and the return to democracy.

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knowledge and understanding

Passing the examinations of the historical-philosophical area allows the graduate and graduate in Law to acquire:

- knowledge of the legal phenomenon, in particular its natural relationship with history

- knowledge of legal systems with a view to their development over time and with reference to the main stages of European legal history

- knowledge of the historical-juridical fields, of the main philosophical-juridical orientations connected with the development of the historical-juridical events dealt with 

- knowledge of legal phenomena in relation to social, cultural and economic issues

- knowledge of the historical periods, the moments of fracture, the elements of continuity over time that have characterized Western legal history from the early Middle Ages to the contemporary era

- The assessment of mastery of knowledge and skills is carried out by means of the final assessment tests and, where appropriate, by means of intermediate tests and also by studies on key issues of legal history.

Applying knowledge and understanding

The juridical formation enriched by the historical component allows to translate the acquired knowledge in some essential skills for the jurist and the jurist, between which:

- the ability to contextualise and interpret the nature and implications of legal systems

- the ability to understand and contextualise the factual nature of the law at the historical level

- the ability to find, including through databases, understand and use historical sources of law

- the ability to deal with the interpretation of a legal text both in its internal logic and in its relationship with other texts, including literary and cultural texts in the broad sense;

- the development of a technical-legal language enriched by terms of classical derivation and the first problems related to textual criticism

- the development of a historical awareness of the legal institutions of positive law in force

- the development of critical skills in observing law as a social phenomenon in contemporary society

Such aptitudes are achieved through the development of a capacity to process legal texts and documents in judicial and extrajudicial contexts sometimes valuing an interdisciplinary approach where appropriate.These attitudes are evaluated through the presentation of written, exercises on specific aspects of legal history and other educational experiences organised as part of the course of study

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

Written and oral exercises, intermediate self-assessment tests

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

The teaching is delivered in the second semester. The first part of the course (54 hours) is divided into lectures by the teacher (traditional methods) (44 hours) and innovative-experimental methods (Teaching Working Class) that involve the active participation of students, stimulating analysis and debate on the issues addressed (10 hours). The second part of the course (6 hours) consists of oral exercises carried out by the students. The topics of the exercises are identified by the teacher who provides the materials (texts and essays of legal history) on which the student carries out his oral intervention in the classroom.It will also resort to hybrid seminar forms through the use of digital touchboards.

The reception of students, aimed at providing clarification and to carry out a possible review of the key topics of the program addressed in class, will be held in mixed mode on Thursday, from 14.00 to 16.00, by appointment by email.

For information you can contact the teacher at sandro.notari@uniurb.it

Innovative teaching methods

the methodology of the course combines traditional teaching (lectures) with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform). These modalities are aimed at developing both basic cognitive knowledge and superior cognitive knowledge. In this way, through the direct confrontation with the teacher and the work in class (Teaching Working Class), we want to stimulate the learning process through a more effective involvement of students and a better organization of the material, to facilitate knowledge processes during the course.

Attendance

Teaching is provided in the second semester. The course (54 hours) is divided into lectures of the teacher (traditional modes) (44 hours) and innovative-experimental (Teaching Working Class) that provide active participation and involvement of students, by stimulating analysis and debate on the topics covered, as well as through oral exercises carried out by students (10 hours). The topics of the exercises are identified by the teacher who provides the materials (texts and essays on legal history) on which the student performs his oral intervention in class. The teacher will also make use of lessons in seminar form also hybrid through the use of digital touchboards

The reception of students, aimed at providing clarification and to carry out a possible review of the key topics of the program addressed in class, will be held online on Thursday, from 14.00 to 16.00, by appointment via email.

For information you can contact the teacher at sandro.notari@uniurb.it

Attendance is not mandatory, 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 Part 

P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna, contemporanea, Coordinamento a cura di Elio Tavilla, TERZA EDIZIONE, Torino, Giappichelli, 2022

II Part

- Lecture notes and teaching materials provided by the teacher via Moodle-blended learning platform

- Further study material will be reported in class by the teacher and made available to students (attending and non-attending) through the Moodle-blended learning platform.

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 that concern both the topics covered during the course, and the themes dealt with in the exam texts indicated.

Half way through the course there will be an intermediate written test of self-assessment reserved for attending students, consisting of a multiple choice and/or open question test. The outcome of the mid-term review, expressed in grades, has a guiding value for the overall assessment of the student’s preparation.

The assessment criteria and the relative scores in thirtieth are determined on the following scale:

less than 18/30 - insufficient level of competence: the candidate does not achieve any of the learning outcomes set out in "knowledge and understanding";
18-20 / 30 - sufficient level of competence: the candidate achieves the learning outcomes set out in "knowledge and understanding;
21-23 / 30 - fully sufficient level of competence: the candidate achieves the learning outcomes set out in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26 / 30 - good level of competence. The candidate achieves the learning outcomes foreseen in the "knowledge and understanding" points; "applied knowledge and understanding skills" and "judgement autonomy";
27-29 / 30 - very good level of competence: the candidate achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgement autonomy" and "communication skills";;
30-30 cum laude - excellent level of competence: the candidate fully achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgment autonomy"; "communication skills" and "ability to learn".

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

Teaching is for first year students. There is no need for content prerequisites. A basic knowledge of political and institutional history helps the learning of the course contents, which runs over a period of 16 centuries (IV-XX).

Attendance

Non-attending students can also access the teaching materials prepared by the teacher in addition to the recommended texts (such as slides, handouts, exercises, bibliography). The teacher’s specific communications for teaching can be found within the Moodle blended.uniurb.it platform

Course books

- P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna, contemporanea, Coordinamento a cura di Elio Tavilla, TERZA EDIZIONE, Torino, Giappichelli, 2022

- Lecture notes and teaching materials provided by the teacher via Moodle-blended learning platform

- Further study material will be reported in class by the teacher and made available to students (attending and non-attending) through the Moodle-blended learning platform.

- in order to enable students and non-attending students to make up for their independent study during the course, the following materials relating to the contents of the programme are indicated in order to promote their full understanding: E. Dezza, Storia della codificazione civile. Il Code Civil (1804) e l'Allgemeines Bürgerliches Gesetzbuch (ABGB, 1812), seconda edizione, Torino, Giappichelli, 2000..

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.

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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.

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.