HISTORY OF LAW

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

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The course is meant to foster the ability to acquire a sense of direction through the evolutionary trajectory of European legal systems; and to lead to the acquisition of the historical and cultural pillars upon which lay the foundations of the present legal architecture. More specifically, 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 knowledges aimed at fostering a correct approach to the legal phenomenon, providing also a comprehensive overview of the evolutions and transformation which law underwent through the centuries, from late antiquity to the middle ages, ending with modern and contemporary eras. 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 knowledges 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 judgements: 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 a comparative vision, using the methodologic 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 rethorical and debating skill, through the detailed analysis of the historical evolution of the various legal arrangements. 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 knowledges 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 (in both, private and public 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. A section of the lessons will focus on a topic of bio-criminal law (euthanasia in the history), reserved for attending students. 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.

Attendant students: - P. ALVAZZI DEL FRATE/ M. CAVINA7 R. FERRANTE / M. MILETTI /N. SARTI/ S. SOLIMANO/ g. SPECIALE/E. TAVILLA, "Tempi del diritto. Età medievale, moderna, contemporanea", Giappichelli, new edition in press – R. FERRARI ZUMBINI, Il grande giudice, Luiss University Press no attendant students: - R. FERRARI ZUMBINI, G. STOLFI, L. CARNIMEO, Senato Segreto, EUM, 2021

Frontal classes, online lessons and exercises with the support of slides

During the oral exam the student will be required to show that he/she knows and understands notions and principles of history of law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of [insert law area/sector] 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 and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%). 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.

Thesis assignment will preferably take place in the following fields: 1. History of criminal justice 2. History of family law 3. History of criminal biolaw 4. History of Universities 5. History of Colonial Law and Traditional African Law

Yes, themes related to inclusion and sustainability