The course aims to explore the main features of European legal culture through a historical perspective. It will illustrate the fundamental importance of Roman law as the inspiring system of the various European legal systems. An overview will be given of the institutions, both private and public law, and the ways of reasoning and argumentation that constitute the foundations of European law.

The course consists of two parts and is an in-depth study of the European legal system from a historical perspective, including discussion of documents. 

The first part will address the role played by Roman law in shaping the European legal systems. Specifically, the importance of Roman law today as the basis of “fundamental principles” will be addressed under the two aspects of public law and private law: from Justinian to current legislation.

In the second part, the following topics will be addressed: law and religion; constitutions in civil law and common law; the individual-state relationship in historical perspective and according to its theoretical implications; the sources of law; human rights and multiculturalism; and the analysis of some institutions and figures of European law through the contribution of the legacy of Roman legal experience.

None.

Knowledge and understanding: knowledge of the historical evolution of European law; ability to understand the legal phenomenon and its interaction with society, culture, political forces and the institutional set-up; knowledge of the characteristics and principles of Western and, in particular, European law; knowledge of certain institutions and procedures of European law.

Applying knowledge and understanding: ability to offer an interpretation of the rules, with a proper understanding of the legal and socio-political content, related to ideals and values.

Making judgmentents: ability to employ critically the acquired knowledge; ability to independently evaluate concrete situations and empirical cases.

Communication skills: ability to communicate the acquired knowledge in a clear, essential and scientifically correct way.

Learning skills: ability to learn and to interpret documents and texts with autonomy and critical sensibility.

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

Teaching

Frontal lessons; working class; discussions; personal research.

Attendance

The student shall attend three lessons on four in order to sit the exam as an 'attending student'.

Course books

Materials that the lecturer will make available to attending students during the course.

The support of the course books indicated is recommended:

Mauro Barberis, Europa del diritto. Sull'identità giuridica europea, Bologna (Il Mulino), 2008 (o edizione più recente), Parte Terza “Europa: comunità di diritto”: cap. VII "Evoluzione di una domunità di diritto", cap. VIII "Un laboratorio concettuale" e cap. IX "Una teoria del diritto europeo".

Assessment

The final exam will consist of an oral examination that will cover the topics developed in class.

Attending students will write in English or in Italian a short essay about a topic analyzed during the course and he will discuss the essay in an oral examination.

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.

Course books

- Mauro Barberis, Europa del diritto. Sull'identità giuridica europea, Bologna (Il Mulino), 2008 (o edizione più recente), Parte Seconda "Europa dei diritti": cap. IV "I diritti: una storia giuridica", cap. V "Una discussione cosmopolita", cap. VI "Politeismo dei diritti: il Pantheon di Nizza" e Parte Terza “Europa: comunità di diritto”: cap. VII "Evoluzione di una domunità di diritto", cap. VIII "Un laboratorio concettuale" e cap. IX "Una teoria del diritto europeo".

- Peter Stein, Il diritto romano nella storia europea, Milano (Raffaelo Cortina editore) 2001. 

Assessment

The achievement of the learning outcomes will be verified through an oral examination, in which the student will answer to questions about the content of the textbooks.

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.