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LUISS Guido Carli

Storia del diritto - Canale E


ProfessorEnrico Michele Genta Ternavasio
Course code807
General Discipline (SSD)IUS/19
Course Year1
SemesterI Semestre
Teaching LanguageEnglish
Total Workload298
Total Lesson Hours88
Course ContentsThe course in European legal history is concerned with those countries of Western Europe that share a common legal heritage, based on Roman law, Canon law and Customary laws.Legal history is part of more general history,but has its own autonomous features.
Reference BooksThe course books will be announced later on.
Course Formative ObjectivesThe course in European Legal History does not aim to sketch out a universal history of law but intends to investigate the development of the European law, providing the students with the information and skill needed to understand the historical roots of civil and common law.Special attention will be paid to specific features of the historical development of international law, providing new and sometimes provocative insights into traditional topics, such as the sources of international law and the role of diplomatic agents.
PrerequisitesNo prerequisites are needed
Teaching MethodThe Professor intends to give lectures in order to explain the most important aspects of the course. In addition to this, hopefully it will be organized a seminar mode, handing out papers and scientific articles to the Students.
Assessment MethodOral exam.
Criteria For Deciding On Subject Of Final Paper
Extended Program And Reference Reading Material
Week 1Introduction-Preliminaries
The early Middle Ages
Week 2Customary law
Roman law
Canon law
Week 3The feudalism. Relations of Church and "State". The Holy Roman Empire.
Week 4The Italian "Comuni" and "Signorie".The City-States.
The organization of public power in the Middle Ages.
Week 5The University of Bologna and the learned jurists.
The European Jus commune and jura propria.
Week 6The English Common law
Week 7The rising of absolutist theories.
The reforms of European princes. Higher Courts.
Week 8The Natural law.
The international law(jus inter principes).
Week 9The Enlightenment.
The American Revolution.
The French Revolution.
Week 10French Codes.
Napoleon's Constitutions.
Week 11The Restaurazione:modernising the Ancien Régime.
The restored Italian States in the first half of the 19th century.
Week 12The Kingdom of Sardinia-Piedmont.The Statuto Albertino.
General characters of Italian Constitutionalism.