ROMAN LAW
Instructional goals
This course aims to provide the basic knowledge of the main institutes of Roman Law. Particular attention will be paid to the intersections with the contemporary law. Learning-by-doing methods will apply. The goal is to provide the students with the necessary intellectual tools suitable for a critical and practical approach to the subject matter in a proactive way.
Intended learning outcomes
Comprehension and understanding: The course aims at a critical deepening, understanding and knowledge of the general principles and institutes of the Roman legal experience through the study of the main sources. Applying knowledge: the student’s interaction will be promoted through case studies and other immersive experiences in order to develop the attitude in employing the methodological tools provided in interpreting norms and recognising and solving problems. Making judgments: the student will be enabled to assess, compare and criticise real or fictitious cases independently . Communication skills: the student will be able to explain both in written and in oral form the institutes of Roman law and their intertwin with contemporary law, to debate and plead cases in mock trials. Learning skills: the course provides the student with notions and knowledge specific to the sector but also indications and suggestions necessary to enable him to face other topics similar to those in the program and especially to the current legal systems.
Course Contents
The main topics are: Constitutional Law International Law Criminal Law Procedure Property and its limits Law of obligations Family and succession Economics and Law The Jurists and the Law The Roman Law Tradition and the Foundations of European Law
Reference Books
N. Rampazzo, Roman Law (in preparation) alternatively: P. Du Plessis, C. Ando, K. Tuori (eds.), The Oxford Handbook of Roman Law and Society, Oxford University Press, 2016 [RLS]; W.W. Buckland, A Text-Book of Roman Law from Augustus to Justinian (3 ed. revised by P. Stein), Cambridge University Press, 2007 [RLAJ] Further materials will be handed during the lectures.
Teaching Methods
The lectures will take place interactively also with the use of multimedia teaching tools and distribution of learning material. The organization of work groups on specific topic and of mock trials is planned (learning-by-doing).
Assessment Method
The course ends with an examination structured in two parts: written and oral. The written part might consist in a short essay on a topic agreed with the professor or in a mixed test (multi-choice/open questions). To the oral part will have access the student which has gained at least a sufficient grade in the written part. This second part is aimed to further assess the critical/communication skills of the student, who should use the appropriate technical and legal terminology. Forms of monitoring and intermediate test for attending students are given. The following evaluation criteria will be considered to assign the final grade, expressed in thirtieths: knowledge and understanding of the notions and principles of the matter (50%); intermediate test (20%); appropriate use of the technical and legal vocabulary, ability to analyze critically and evaluate relevant sources (20%). Criteria for the composition of the final grade: The evaluation between 18 and 20 corresponds to a sufficient, yet low and basic, knowledge of the contents; the evaluation between 20 and 25 shows a more than sufficient/discreet knowledge of the contents; the evaluation between 25 and 29 shows a good or very good knowledge of the contents together with commendable critical skills.
Thesis assignment criteria
Good knowledge of English. Critical and analytical skills.
Week 1
Introductory remarks; Time, space and the law; Individuals and community – RLS Part VI
Week 2
Constitutional Law: Monarchy, Republic, Empire; The evolution of the institutes – RLS Part III
Case study
Week 3
International Law: War, peace, diplomacy. The private law of the treaties – D.J. Bederman, International Law in Antiquity, Cambridge 2004, Chapters 4-6
Case study
Week 4
Criminal Law: origins, delicts and crimes, procedure – RLS Part V, Chapters 23-26
Case study
Week 5
Civil Procedure: legis actiones, formulae, cognitio – RLS Part V, Chapters 17-22
Written test
Week 6
Property and its limits: mancipatio, possessio, iura in re aliena, dominium – RLS Part VII, Chapters 39-42
Case study
Week 7
Obligations I: definition, contracts, stipulatio – RLS, Part VII 43-44
Case study
Week 8
Obligations II: emptio venditio, locatio conductio, mandatum – RLAJ, Chapter XI
Case study
Week 9
Obligations III: societas, delicts, iniuria – RLAJ, Chapters XI-XII
Case study
Week 10
Family and Succession Law: potestas, auctoritas, hereditas – RLS, Part VII; RLAJ, Chapters VII-IX
Case study
Week 11
Economics and the Law: business, markets, agriculture – RLS, Chapters 46-50
Written test
Week 12
The legacy of Roman Law: the law after Justinian, foundations of European law, persistence in contemporary legal orders