Historical Studies

FRANCESCA LAURA SIGISMONDI

The course aims to provide knowledge and understanding of the methodological, critical and applicable aspects of the Discipline; it proposes geographical areas and sectorial perspectives in which related projects are activated; it shows the variability of fields of interest; it enables the student to master the specific topics in order to use them and apply them in other fields of study while using the correct specific language. With the acquired knowledge the student will be able to develop autonomous ability of connections with other disciplines in the various historical epochs and cultural contexts.

The course deals with the history of legal systems, institutions and legal science in Europe from the early Middle Ages to the age of codifications.
Knowledge and Understanding: The purpose of the course is to give students an adequate knowledge of the main issues related to the history of European law, focusing on the connections between legal history and political, social and economic history.
Applying knowledge and understanding: The course is also aimed to give students adequate tools to interpret and contextualize medieval and modern age legal sources.
Making judgements: The course aims to help students develop their critical skills. The expected result is that they are able to assess the sources of law in various stages of European legal history in a problematic way.
Communication skills: At the end of the course students are expected to have acquired an adequate ability to communicate information, notions and concepts pertaining to the discipline, also through the use of a correct legal language.
Learning skills: At the end of the course the expected result is that the students are able to continue independently in the study of the discipline and in updating what they have learned and that they are able to acquire new skills through the use of bibliographic and documentary sources, also in order to undertake further training paths.

A basic knowledge of medieval and modern ages history is required.

The course will examine the main topics about European legal history, focusing on the sources of law, the development of legal science and the legal systems in Italy and in Europe between the Middle Ages and the modern age.
The first part of the course will be dedicated to the medieval age and the main topics will be the following:
- the Corpus juris civilis of Justinian;
- the Germanic laws;
- lordship and feud;
- the renaissance of legal studies;
- the Corpus iuris canonici;
- the legal systems of medieval Italy;
- the English common law system.
The second part of the course will be dedicated to the modern age and the main topics will be the following:
- the legal humanism;
- the crisis of ius commune and the attempts to rationalize the law;
- modern natural law and Enlightenment;
- revolution and constitutions in America and France;
- the codification of law in France and in Austria; the codification of law;
- the constitutions of the Restoration period.

P. Alvazzi Del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, Tempi del diritto. Età medievale, moderna, contemporanea, Terza edizione, Torino 2022, except chapters VII, VIII and IX.

Alternatively, students can choose between the following options:

1) Medieval Legal History

Mario Caravale, Ordinamenti giuridici dell’Europa medievale , Bologna, Il Mulino, 1994, except the following parts:

- parte prima, cap. I, parr. 5-6, pp. 54-65;
- parte prima, cap. IV, parr. 4-6, pp. 164-190;
- parte prima, cap. V, parr. 4-7, pp. 206-227;
- parte seconda, cap. IV, pp. 363-393;
- parte seconda, cap. V, parr. 5-8, pp. 425-471;
- parte seconda, cap. VI, par. 6, pp. 504-508;
- parte seconda, cap. VII, par. 4, pp. 518-547;
- parte seconda, cap. VIII, pp. 549-627;
- parte seconda, cap. IX, parr. 2-4, pp. 631-647;
- parte seconda, cap. X, pp. 649-706

2) Modern Legal History

Mario Caravale, Storia del diritto nell’Europa moderna e contemporanea, Roma-Bari, Laterza, 2012, except chapter VI.

The course is based on lectures and seminars. Attendance is not mandatory.

The evaluation will be by oral exam at the end of the course. Attending students will be asked only questions on topics addressed during lessons. In order to pass the exam students will have to demonstrate that they have an adequate knowledge of the main issues related to the European legal history centuries between the early Middle Ages and the codification period of the 19th century. They also will have to be able to critically read the legal sources of medieval and modern age. To report a grade not lower than 18/30, students will have to demonstrate that they have acquired a sufficient knowledge of the subjects of the course. To achieve a score of 30/30 cum laude, students will have to demonstrate that they have acquired an excellent knowledge of all the topics covered during the course.