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 also in comparison with other legal experiences. 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.
Prerequisites
None
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 concerning 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
The following books are meant to give you a deeper guidance through the different subjects. The active attendance could be useful to provide you with sufficient knowledge.
N. Rampazzo, Roman Public Law (2026, Kindle Version/Paperback from Amazon.it) for Weeks 1 to 4 [NR1]) and Roman Private Law (2026, in press) ALTERNATIVELY: George Mousourakis, Fundamentals of Roman Private Law, Springer Verlag, 2012 [GM]
OR
W.W. Buckland, A Manual of Roman Private Law (1939), repr. Cambridge University Press, 2012 [WWB].
Plus lecture notes and further handed/uploaded materials.
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 or individual presentations 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 an 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. Forms of verification of the level of preparation and imid term test for attending students are given. The active participation during the lectures as well as the performances in the other activities (presentations or mock trials, both not mandatory) could give bonus points. 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%); midterm 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 – Materials from lectures
Week 2
Constitutional Law: Monarchy, Republic, Empire; The evolution of the institutes [NR1 Chapter 1 or GM Chapter 1]
Case study
Week 3
International Law: War, peace, diplomacy. The private law of the treaties [NR1 Chapter 2 or Lecture Notes+Materials]
Case study
Week 4
Criminal Law: origins, delicts and crimes, procedure [NR1 Chapter 3 or Lecture Notes+Materials]
Case study
Week 5
Law of persons and succession [NR2 or GM Chapter 2 and 5 or WWB Chapter III to V and IX to XI]
Written test
Week 6
Property and its limits: mancipatio, possessio, iura in re aliena, dominium [NR2 or GM Chapter 3 or WWB Chapter VI to VIII]
Case study
Week 7
Obligations I: definition, contracts, stipulatio [NR2 or GM Chapter 4 or WWB Chapter XII]
Case study
Week 8
Obligations II: emptio venditio, locatio conductio, mandatum [NR2 or GM Chapter 4 or WWB Chapter XIII]
Case study
Week 9
Obligations III: societas, delicts, iniuria [NR2 or GM Chapter 4 or WWB Chapters XIV and XV]
Case study
Week 10
Civil Procedure: legis actiones, formulae, cognitiones [NR2 or GM Chapter 6 or WWB Chapters XVI and XVII]
Case study
Week 11
Economics and the Law: business, markets, agriculture [Lecture Notes+Materials]
Week 12
The legacy of Roman Law: the law after Justinian, foundations of European law, persistence in contemporary legal orders [Lecture Notes+Materials]
Case Study