ROMAN LAW

This course aims to provide the necessary training to understand some legal issues proper to the Roman Private Law, which form the core of the modern legal thought. The understanding of these mechanisms requires a work of contextualization of legal phenomena, which must take into account of the Roman reality, and specifically of economics, politics, cultural and constitutional issues.

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Knowledge and understanding: The course aims to a critical-reconstructive deepening of the general principles, legal institutions and systems which have characterized the Roman legal experience. The course intends to conduct the student to a more mature knowledge of Roman Law, through the study and the direct reading of literary and legal sources. Applying knowledge and understanding: the course aims to encourage student’s ability to fully use the methodological tools provided during the lessons and to understand how and how much the Roman legal experience has influenced the development of current legal systems. Making judgments: the prepared teaching methods will enable the students to analyze the developments of the Roman Law independently and with a critical eye. Communication skills: at the end of the course the students must be able to explain – also to lay people, although using technical language – the fundamental institutes of Roman Public and Private Law, including the peculiarities of the several historical periods, from the ‘foundation’ of Rome to the Justinian’s compilation. Learning skills: the course intends to provides students with notions and specific knowledge of the area, but also without neglecting, however, indications and suggestions capable of enabling them to face other related topics, especially the ones which are present in the current legal systems.

The civitas of Rome: from the village to the universal Empire; the Roman community. The Roman legal culture. Roman Private Law: Personae; res; actiones.

A. Corbino, Diritto privato romano. Contesti, fondamenti, discipline, 4th ed. (Milan, Wolters Kluwer, 2019) C. Cascione, Diritto romano e giurisprudenza odierna (Naples, Jovene, 2020)

The lectures will take place with the use of slides and/or on e-learning platforms.

During the oral exam the student will be required to show that he/she knows and understands notions and principles of Roman Law. The student is expected to be able to independently analyze sources and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter (60%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (40%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Good knowledge of Latin language

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