HISTORY OF LAW
Instructional goals
1. To learn basic juridical Knowledge about European and Global Law in historical perspective
2. To acquire appropriate legal terminology
Intended learning outcomes
Reading and understanding legal sources in historical perspective
Course Contents
Law and multilingualism; European Ius Commune and English Common Law; Crisis and reaffirmation of Ius Commune; Crisis and Reinvention of Common Law; Crimes and punishments; From Ius gentium to Natural Law; North American Developments; The French revolution; Codifying the Laws of Europe; Codifying Common Law.
Reference Books
1) T. Herzog, A Short History of European Law: the Last two and Half Millennia, Harvard University Press, 2018, pp. 75-243
2) A. Monti, Early modern European legal history. A Textbook, Torino, Giappichelli, 2022
Teaching Methods
Class attendance is highly encouraged. During the class, students will be invited to examine specific case studies proposed by the instructor, focusing on the sources illustrated in each class.
Assessment Method
Final Oral Exam
Thesis assignment criteria
Basic knowledge of legal history
Week 1
Introduction.
Law and multilingualism. Medieval Latin and vulgar languages
Germanic legislation. Notaries and translations. The language of proceedings.
Week 2
The European Ius Commune
Week 3
The English Common Law. Law and language in England. Magna Carta
Week 4
Natural Law in front of the Conquest.
The Conquest of "New World" and its basis on Ius gentium
Week 5
Early modern Europe: laws and justice
Week 6
French revolution and its consequences
The Conquest of the Western Frontier in North America.
Week 7
Crimes and punishments.
Week 8
The issue of Native Title in Common Law
The issue of the land of indigenous people
Week 9
Debates on criminal justice
Week 10
Codification of Law in Europe
Different theories of Codification
Week 11
Codes and codification as a process.
Week 12
Epilogue. Recap.