Instructional goals
The course aims to offer students an insight into the history of law and its major transformations, explored through both comparative and global perspectives, from medieval roots to contemporary developments.
Prerequisites
None
Intended learning outcomes
Concerning knowledge and understanding, by the end of the course students will be able to retrace the historical evolution of law – both private and public – within its comparative and global dimensions. This legal-historical background will enable students to identify the key periods of legal history and their distinctive features, thereby fostering a deeper awareness of the contemporary legal dimension – a crucial aspect for understanding the currents of change and the fundamental dynamics challenging today’s global law. A sound and thorough perception of the essential historicity of law will play a major role as a key conceptual framework for addressing the complexities of law in the XXI century.
Concerning legal terminology and communication skills, by the end of the course students will be able to understand the historical basis of law and discuss legal concepts with appropriate terminology, which will prove valuable for the continuation of their academic studies. They will identify the historical roots of contemporary legal language and appreciate the importance of interpreting it in its original context, thus enhancing their command of modern legal vocabulary.
Concerning autonomy and critical thinking, students will be able to read the various sources of law historically and to reflect on the deeper origins of legal norms. This education will prove useful for thinking critically about the legal problems of contemporary society, thus developing the logical and rhetorical skills needed to interpret new issues as they emerge.
Course Contents
The course follows a chronological approach, exploring the key stages in the evolution of legal history. It aims to provide a general overview of the main principles that shape medieval, modern, and contemporary law. For details on the lessons, please refer to the specific section.
Reference Books
1) T. Herzog, A Short History of European Law: The Last Two and a Half Millennia, Harvard University Press, 2018, pp. 47-254.
2) P. Grossi, A History of European Law, Chichester, Wiley-Blackwell, 2010, pp. 1-177.
Teaching Methods
The teaching methodology is based on lectures and in-class readings specifically designed to support student participation.
Assessment Method
Final written exam, consisting in open-ended questions focused on the key topics covered in the course.
Thesis assignment criteria
The assignment will be granted based on a keen interest in the subject, a robust understanding of the historical trajectory of European law, a solid knowledge of positive law, and a strong general culture background
Week 1
General Introduction: why “law” and “history”? The Corpus iuris civilis and the collapse of Roman law; Early Middle Ages legal order.
Week 2
Late Middle Ages Paradigms: rediscovery of the Digest; continental ius commune; English common law.
Week 3
State Building Process: classical common law theory; legal humanism; consolidations; criminal law and government by judging.
Week 4
Modern Natural Law and Ancien Régime: conceptualizing the State and the fundamental rights; Hobbes and Locke; Ancien Régime legislation.
Week 5
Legal Enlightenment: Enlightenment jurists; economic transformations and the global projection of colonial Europe.
Week 6
The Age of Revolutions: American revolution; French revolution; the idea of the Code.
Week 7
The Age of Code: Le Code civil des Français; German Historical School and Pandectism; second generation codes and the issue of lacunae.
Week 8
Legal thought and legal institutions in the XIX century: the age of “classical liberal” constitutionalism; Rechtsstaat and Rule of Law, the global individualistic rule.
Week 9
The crisis of the “liberal” order: mass society, labour law, public services, WWI.
Week 10
Democracy and Totalitarianism in the interwar period: Weimar constitution, Fascism and Nazism; Soviet law and constitutionalism; UK and US response.
Week 11
Post-WWII Constitutional State: welfare state; new constitutions; social rights and citizenship.
Week 12
Towards the Contemporary Dimension: international human rights and EU integration; public and private law in recent decades; a world of challenges and uncertainties: a “legal post-modernity”? Epilogue and general review.