Obiettivi formativi
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 twentieth-century developments.
Prerequisiti
None
Risultati di apprendimento attesi
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 movements challenging today’s global law.
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.
Contenuti Del Corso
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.
Testi Di Riferimento
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.
Metodologie Didattiche
The teaching methodology is based on lectures and in-class readings specifically designed to support student participation.
Modalità di verifica dell'apprendimento
Final written exam. It consists of open-ended questions focused on the key topics covered in the course.
Criteri per l’assegnazione dell’elaborato finale
The assignment will be based on a fundamental understanding of legal history and a clear interest in the subject.
Settimana 1
Early Middle Ages Roots: introduction; Corpus iuris civilis and the collapse of Roman law; Early Middle Ages legal order.
Settimana 2
Low Middle Ages Paradigms: rediscovery of the Digesta; continental ius commune; English common law.
Settimana 3
State Building Process: classical common law theory; legal humanism; consolidations; criminal law and government by judging.
Settimana 4
Modern Natural Law e Ancien Régime: modern natural law and constitutionalism; Hobbes and Locke; Ancien Régime legislation.
Settimana 5
Legal Enlightenment: enlightenment vs historical constitution; enlightenment jurists; economic, administrative and legal revolution.
Settimana 6
The Age of Revolutions: American revolution; French revolution; the idea of the Code.
Settimana 7
The Age of Code: Le Code civil des Français; German Historical School and Pandectism; second generation codes and the issue of lacunae.
Settimana 8
Rechtsstaat and Rule of Law: Continental Rechtsstaat; English rule of law; the global individualistic rule.
Settimana 9
The Growth of Collectivism: labour law, public services, WWI and the Weimar constitution.
Settimana 10
Democracy and Totalitarianism in the Interwar Period: democracy vs totalitarian legal culture; Fascism and Nazism; UK and US response.
Settimana 11
Post-WWII Constitutional State: welfare state; new constitutions; social rights and citizenship.
Settimana 12
Towards the Contemporary Dimension: international human rights and EU integration; public and private law in recent decades; epilogue and general review.