HISTORY OF LAW

Examining the transformations undergone by law in history, the course aims to foster an awareness of the development and also the relativity and development of ant legal phenomenon. This kind of approach to legal history, which isn't focused just only on notions and dates, aims to train to independence of judgment and offer the right critical eye under which observe the developing and relativity of law.

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The course aims at enabling students to reach the following educational goals: 1) Knowledge and understanding: the course is meant to provide the student with an array of knowledge aimed at fostering a correct approach to the legal phenomenon, providing also a comprehensive overview of the evolution and transformation which law underwent through the centuries. The objective is to underline the quintessentially historic dimension of law and to stress the importance of a well-focused historical interpretation of the present legal framework. 2) Applying knowledge and understanding: the knowledge so acquired allow to develop a significant ability to critically analyse and to thoroughly understand legal text, improving the application of legal rules and the reasonable solution of controversies; moreover, they foster independence of mind and, through a sound critical thinking, they allow to represent the complexity of the legal phenomenon. The course aims at enabling students to reach the following educational goals: 1) Knowledge and understanding: the course is meant to provide the student with an array of knowledge aimed at fostering a correct approach to the legal phenomenon, providing also a comprehensive overview of the evolution and transformation which law underwent through the centuries. The objective is to underline the quintessentially historic dimension of law and to stress the importance of a well-focused historical interpretation of the present legal framework. 2) Applying knowledge and understanding: the knowledge so acquired allow to develop a significant ability to critically analyse and to thoroughly understand legal text, improving the application of legal rules and the reasonable solution of controversies; moreover, they foster independence of mind and, through a sound critical thinking, they allow to represent the complexity of the legal phenomenon. 3) Making judgments: acquisition of an high standard of independent analysis and judgement on legal problems and of methodologies and tools useful to gather, interpret and apply legal sources, so as to apply them independently and in an original way in order to scrutinize the issues which the student will be called to handle along the subsequent path of legal studies and in the working environment. In particular, competences of critical thinking, problem solving, self-management, team work, relational and communicative skills will all be adequately developed; these skills will reinforce curricular competences and make them more spendable on the market. Through the collection and the interpretation of all information on the historical evolution of legal concepts and an European comparative vision, using the methodological approach proper of a philosophical and historical approach, the student will master reasoning and put it to its best use towards innovative and original solutions. 4) Communication skills: acquisition of legal vocabulary, of an high level of terminological accuracy and of an appropriate rhetorical and debating skill in both, oral and written communication. 5) Learning skills: ability to point out and interpret any regulatory innovation and new judicial or academic approaches, through the lenses of historical evolution. Acquisition – also through case-studies – of a degree of knowledge apt to develop autonomous learning skills, which will allow the student to continue updating his competences, even independently.

The subject concerns the analysis of legal experiences (private and public law; international and criminal law) from the ancient world to the contemporary age, with specific reference to both the sources of law (judicial and legislative) as to the doctrine. Particular attention will be paid also to the evolution of the system of legal sources between state law and supranational law in the XXI century. The knowledge that will emerge from the course will not be enclosed in yesterday, but reconciled with the dynamics of contemporary society, filtered through special glasses, those of the legal history scolar.

Students attending lectures are required to study: – R. FERRARI ZUMBINI, Il grande giudice, Luiss University Press, 2 ed., 2024, (limited to the chapters suggested during the classes); and, alternately: - AA.VV. (a cura dì A. Cassi), "Le danze di Clio e Astrea. Fondamenti storici del diritto europeo", Giappichelli, 2023, limited to Chapters II and III for Part I and Chapters II (limited to sub-chapters from 4 to 11) and IV for Part II; OR - AA.VV. (a cura di E. Tavilla), "Tempi del diritto. Età medievale, moderna, contemporanea", Giappichelli, III ed., 2022, limited to Chapters I, II, III, IV e VIII. For students who aren't attending lectures it's also required the study of: - L. Lacchè, “La costituzione nel Novecento. Percorsi storici e vicissitudini dello Stato di diritto”, Giappichelli, 2023.

Lectures, tutorials, seminars

Oral exam, during which the student will be required to show that he/she knows and understands the major issues underlying the historical trajectory of law in Western civilization from the middle ages to the present day, as they were expounded during the course and the seminars, if the student has been attending, with a specific focus on the legal systems which, over time, have been characterizing the juridical experience in the Italian peninsula. The student will be required to show that he/she is able to handle the categories regarding the themes of (i) sources, (ii) institutions, (iii) legal thought, using the appropriate technical and legal vocabulary and thus proving that he/she has acquired an adequate ability to contextualize, and an adequate study method and learning ability, in order to carry on, also independently, a basic orientation on the diachronic perspective of evolution of contemporary legal systems, being able to grasp a fundamental aspect of the legal phenomenon, that is historicity. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the evolution of sources, institutions, legal thought (55%); appropriate use of the technical and legal vocabulary, ability to focus on relevant information (acquisition of the study method) (25%), ability to contextualize historically and to evaluate law as an historical phenomenon (20%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation.

For the current academic year thesis involving Italian and European privat law history issues are preferred.