Roman Law and Contemporary History Law
A.Y. 2024/2025
Learning objectives
- Acquiring a basic knowledge of the periods of Roman law and of the developement of the main law institutes; understanding and retracing the general framework of history of law in Europe in connection to the main events that have characterized the political, religious, economic and social history of Europe.
- Developing the ability to recognize the juridical principles of Roman law and to apply them, if possible, also in the context of the modern law; developing analytic and synthesis skills in reconstructing the stages of the European law history.
- Acquiring the ability to analyse practical cases, to identify sustainable juridical solutions and the main points of each topic.
- Managing logical tools to learn and organize a juridical argument; setting out concepts in a clear, correct and logical way.
- Linking the different topics of the course, understanding the fundamental aspects of the historical evolution of the sources of law, of institutions and of legal theories amongst Roman Age, Middle Age and Modern Age.
- Developing the ability to recognize the juridical principles of Roman law and to apply them, if possible, also in the context of the modern law; developing analytic and synthesis skills in reconstructing the stages of the European law history.
- Acquiring the ability to analyse practical cases, to identify sustainable juridical solutions and the main points of each topic.
- Managing logical tools to learn and organize a juridical argument; setting out concepts in a clear, correct and logical way.
- Linking the different topics of the course, understanding the fundamental aspects of the historical evolution of the sources of law, of institutions and of legal theories amongst Roman Age, Middle Age and Modern Age.
Expected learning outcomes
At the end of the course the student will be able to master the basic law principles, will know the main Roman institutes and will be able to usefully apply the reasoning to solve real cases and to critically elaborate possible juridical solutions. In addition the student will know the fundamental elements of the history of contemporay European law, namely the sources of law, the role of doctrine and the birth of the developement of the most significant national and international institutions; moreover the student will develop the capability to analyse e summarize the most relevant events of the history of law in Europe between the nineteenth and twentieth.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-L
Responsible
Lesson period
year
Prerequisites for admission
No prior knowledge is required. However, the test of Institutions of Roman Law must necessarily be taken and passed before the test of History of Contemporary Law.
Assessment methods and Criteria
For INSTITUTION OF ROMAN LAW (A-L):
1) Attending students may take two partial written exams with a mark expressed in thirtieths.
2) Not attending students may take an oral examination with a mark expressed in thirtieths: the evaluation is based on the clarity of the exposition and on the capacity for critical revision.
P.S.: The vote reported in Institutions of Roman Law will not be registered independently but will average with that of the History of Contemporary Law exam. It follows that only one final grade, expressed in thirtieths, will appear in the career, corresponding to the result of the simple arithmetic average (possibly rounded upwards) of the outcome of the two exams of Institutions of Roman law and History of Contemporary Law.
In case the exam is not passed, the students can register for the session immediately after.
HISTORY OF CONTEMPORARY LAW:
All students (attending and not attending) may take a written exam with a mark expressed in thirtieths.
1) Attending students may take two partial written exams with a mark expressed in thirtieths.
2) Not attending students may take an oral examination with a mark expressed in thirtieths: the evaluation is based on the clarity of the exposition and on the capacity for critical revision.
P.S.: The vote reported in Institutions of Roman Law will not be registered independently but will average with that of the History of Contemporary Law exam. It follows that only one final grade, expressed in thirtieths, will appear in the career, corresponding to the result of the simple arithmetic average (possibly rounded upwards) of the outcome of the two exams of Institutions of Roman law and History of Contemporary Law.
In case the exam is not passed, the students can register for the session immediately after.
HISTORY OF CONTEMPORARY LAW:
All students (attending and not attending) may take a written exam with a mark expressed in thirtieths.
Istituzioni di diritto romano
Course syllabus
The Course on Roman Private Law will be dedicated to the evolution of private law in ancient Rome between 753 BC, the conventional date of the foundation of the city of Rome, and 565 AD, the year of the death of Emperor Justinian. The lectures aim to outline the fundamental lines of the most significant institutions and categories of the Roman Private Law, with the aim of recovering the historical roots of basic concepts of continental juridical tradition.
The lessons will focus on the following topics:
- Periodization and sources of Roman Privat Law.
- The Law of Persons: legal capacity; legal status; citizenship; status familiae and patria potestas.
- The Law of Property: classification of things; real rights (ownership and real rights in property belonging to another); possession; modes of acquisition and judicial protection of real rights and possession.
- The Law of Obligations: the obligatio romana and the concept of vinculum iuris in the thought of Roman jurists; the sources of obligation; contracts and delicts; the life of the obligatory relationship.
- The Law of Actions: Roman law of procedure and its historical stages of development.
The lessons will focus on the following topics:
- Periodization and sources of Roman Privat Law.
- The Law of Persons: legal capacity; legal status; citizenship; status familiae and patria potestas.
- The Law of Property: classification of things; real rights (ownership and real rights in property belonging to another); possession; modes of acquisition and judicial protection of real rights and possession.
- The Law of Obligations: the obligatio romana and the concept of vinculum iuris in the thought of Roman jurists; the sources of obligation; contracts and delicts; the life of the obligatory relationship.
- The Law of Actions: Roman law of procedure and its historical stages of development.
Teaching methods
The Course will consist in 42 hours of frontal teaching or exegetical exercises and case studies. The frontal teaching deals with basic concepts and categories of Roman privat law. The exegetical exercises and case studies concern the discussion on legal cases from texts of classical jurisprudence.
Teaching Resources
G. MOUSOURAKIS, Fundamentals of Roman Private Law, Springer Verlag, Berlin-Heidelberg 2012: Chapters I (pp. 1-77); II (pp. 85-97); III (pp. 119-182); IV (pp. 183-278); VI (pp. 309-336).
Students will also find more learning material on MY ARIEL.
Students will also find more learning material on MY ARIEL.
Storia del diritto contemporaneo
Course syllabus
The course is aimed at outlining the features of the history of law in Europe in the contemporary age (18th-20th centuries). It focuses on the fundamental aspects of the evolution of legal thought and the sources of law in Italian and European history from the eighteenth century revolutions to the twentieth century. Particular attention will be paid to the constitutions and codes of the early nineteenth century, to Italian legislative unification, to the legislative activity of the liberal age, to the codes of fascism and to the genesis of the constitutional state after the Second World War.
Particular emphasis will be given throughout the course to the relationship between legal thought, legislation and legal practice, as well as to the links between legal history and the political, social and ideational history.
The program will therefore be roughly divided into:
- American and French Revolutions
- the Napoleonic and Austrian codifications;
- the constitutions and the Albertine Statute;
- the Kingdom of Italy and legislative unification;
- law in the liberal age and fascism
Particular emphasis will be given throughout the course to the relationship between legal thought, legislation and legal practice, as well as to the links between legal history and the political, social and ideational history.
The program will therefore be roughly divided into:
- American and French Revolutions
- the Napoleonic and Austrian codifications;
- the constitutions and the Albertine Statute;
- the Kingdom of Italy and legislative unification;
- law in the liberal age and fascism
Teaching methods
The teaching activity consists of 42 hours of frontal lessons: for each topic covered, students will be asked to answer, orally, to some questions in the form of multiple choice tests, so as to be able to practice in view of the final exam
Teaching Resources
For attending and non-attending students, it is recommended to study the following manual:
Gian Savino Pene Vidari, History of law in the contemporary age (with revisions and additions by C. Bonzo, P. Casana, V. Gigliotti), Giappichelli Torino 2023.
The slides projected during the lessons constitute a specification and in-depth analysis of the topics covered in the text and will be made available on the Ariel portal
Gian Savino Pene Vidari, History of law in the contemporary age (with revisions and additions by C. Bonzo, P. Casana, V. Gigliotti), Giappichelli Torino 2023.
The slides projected during the lessons constitute a specification and in-depth analysis of the topics covered in the text and will be made available on the Ariel portal
Istituzioni di diritto romano
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 6
Lessons: 42 hours
Professor:
Donadio Nunzia
Shifts:
Turno
Professor:
Donadio Nunzia
Storia del diritto contemporaneo
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professor:
Bassani Alessandra Clara Carmela
Shifts:
Turno
Professor:
Bassani Alessandra Clara CarmelaSurname M-Z
Responsible
Lesson period
year
Prerequisites for admission
No prior knowledge is required.
Assessment methods and Criteria
Written examination with a mark expressed in thirtieths. It is mandatory to take the exam of Institution of Roman Law before that of History of contemporary Law. The mark reported in Institutions of Roman Law will not be registered independently but will average with that of the History of Contemporary Law exam. It follows that only one final grade, expressed in thirtieths, will appear in the career, corresponding to the result of the simple arithmetic average (possibly rounded upwards) of the outcome of the two exams of Institutions of Roman law and History of Contemporary Law.
In case the exam is not passed, the students can register for the session immediately after.
In case the exam is not passed, the students can register for the session immediately after.
Istituzioni di diritto romano
Course syllabus
Institutions on Roman private law is dedicated to the evolution of private law in ancient Rome between 753 BC (conventional date of the foundation of Rome), and 565 AD (year of the death of Emperor Justinian). The lessons will outline the fundamental development of the most significant institutions of Roman private law, with the aim of recovering the historical roots of modern legal institutions.
Main topics of the course are the following:
· Periodization and sources of Roman law.
· Roman law of procedure and its historical development.
· Family law: legal capacity, legal status, citizenship, status familiae.
· Law of property: classification of things, ownership and real rights in property belonging to another; possession; acquisition and legal protection of property and possession.
· Obligations: sources of obligations; types of contracts, quasi-contracts, delicts and quasi-delicts
Main topics of the course are the following:
· Periodization and sources of Roman law.
· Roman law of procedure and its historical development.
· Family law: legal capacity, legal status, citizenship, status familiae.
· Law of property: classification of things, ownership and real rights in property belonging to another; possession; acquisition and legal protection of property and possession.
· Obligations: sources of obligations; types of contracts, quasi-contracts, delicts and quasi-delicts
Teaching methods
42 hours of frontal teaching. All the lessons will be held by prof. Laura Pepe
Teaching Resources
Matteo Marrone, Manuale di Diritto Privato Romano, Giappichelli, Torino, 2004, pp. 1-76; 123-339.
Additional slides and pdf will be available on ARIEL for students who attend the lessons.
Additional slides and pdf will be available on ARIEL for students who attend the lessons.
Storia del diritto contemporaneo
Course syllabus
The course focuses on the fundamental aspects of the evolution of legal thinking and the sources of law in Italian and European history between the 19th and 20th centuries, with particular attention to the contitutions and codes of the early 19th century, the Italian legislative unification and legislation in the second half of the 19th century, the fascist codes and the genesis of the constitutional State.
Particular emphasis will be given to the relationship between legislation, doctrine and practice, as well as the links between law, politics, society and culture.
Summary of the course: American and French Revolutions; French and Austrian codes; constitutions and the Albertine Statute; Italian kingdom and legislative unification; law during liberal period and fascist regime.
Particular emphasis will be given to the relationship between legislation, doctrine and practice, as well as the links between law, politics, society and culture.
Summary of the course: American and French Revolutions; French and Austrian codes; constitutions and the Albertine Statute; Italian kingdom and legislative unification; law during liberal period and fascist regime.
Teaching methods
The Course will consist in 42 hours of frontal teaching.
Teaching Resources
G.S. Pene Vidari, Storia del diritto in età contemporanea (con revisioni ed integrazioni di C. Bonzo, P. Casana, V. Gigliotti), Torino, Giappichelli, 2023.
For attending students, the reference paragraphs of the textbook will be better specified during class. Additional slides will be available on ARIEL for students who attend the lessons.
For attending students, the reference paragraphs of the textbook will be better specified during class. Additional slides will be available on ARIEL for students who attend the lessons.
Istituzioni di diritto romano
IUS/18 - ROMAN AND ANCIENT LAW - University credits: 6
Lessons: 42 hours
Professor:
Pepe Laura
Shifts:
Turno
Professor:
Pepe Laura
Storia del diritto contemporaneo
IUS/19 - HISTORY OF MEDIEVAL AND MODERN LAW - University credits: 6
Lessons: 42 hours
Professors:
Bianchi Riva Raffaella, Rossi Filippo Maria
Shifts:
Professor(s)
Reception:
Thurs 9.00-10.30
dipartimento di diritto privato e storia del diritto - 1 floor
Reception:
Office hours: Thursday 10 am. Please always write an email in advance in order to get an appointment: [email protected]
Sezione di Diritto Romano or Teams