The aim of the course is to introduce students to the complexity of a European vision of law. The unit seeks to select some of the main legal phenomena in the European history of law, providing the students with the information and skills needed to understand the historical roots of contemporary law. The course will try to extend the historical understanding of students as regards other legal systems, and developing in particular a critical overview

The course aims to reach the following educational goals: 1) Knowledge and understanding: the course will offer an institutional viewpoint. The student will have a good knowledge of the main profiles of the European legal experience between the Middle Ages and the contemporary era. The peculiar features of ius commune legal world in the Middle ages and in the changed sceneries of the modern period will be illustrated. The course will then be centred on the outlining of a new conception of the legal order between the Natural Law theories and the Enlightenment and on its realisation which will be made in the 19th century by way of the affirmation of legal systems with codified law. Special attention will be given to the trends and the role of the juridical science 2) Applying knowledge and understanding: the knowledge so acquired allow to develop a significant ability to critically analyze 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 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 good 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 historian.

Students continuously attending the lectures are required to study the following textbooks: 1) AA.VV. (a cura di A. CASSI), Le danze di Clio e Astrea. Fondamenti storici del diritto europeo, 2nd ed., 2026, Giappichelli. As regards this textbook, the study of the following chapters is required: Parte Prima, Cap. I, pp. 1-117; Parte Prima, Cap. II, pp. 119-178 (paragrafi 1, 2, 3, 4 e 5); Parte Seconda, Capp. I e II, pp. 303-416. 2)R. FERRARI ZUMBINI, Il grande giudice, 3rd ed., 2025, Paracelsus ed.. As regards this textbook, the study of the following chapters is required: Introduzioni, Suggerimenti, 0,1, 2, 9, 10, 11. In addition to these paragraphs, students will also choose between one of the following options: OPTION A) chapters 3, 4 and 7; OPTION B) chapters 5, 6, 7 and 8. For students who aren't attending lectures, the study of the following textbook is also required: - L. LACCHE’, “La costituzione nel Novecento. Percorsi storici e vicissitudini dello Stato di diritto”, Giappichelli, 2023. The teacher may check students’ attendance at lectures at any time.

The Professor will conduct lectures with ample opportunities for interactive discussions with attending students. Additionally, Research seminars will be organized for students, where they will develop a research project and a PowerPoint presentation to be delivered in class.

The oral examination can be preceded by an optional written exam. The student will be required to show that he/she knows and understands the major issues underlying the historical pathway of law in Western civilization from the Middle Ages to the present day, as they were expounded during the course and the seminars. The student will be required to show that he/she is able to handle the categories regarding the themes of sources, institutions, 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 (50%); appropriate use of the technical and legal vocabulary, ability to focus on relevant information (acquisition of the study method) (30%), 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 constitutional and criminal law history issues are given priority