law

The course will seek to illustrate the historical evolution of law in the medieval period. It is divided into two main units. In the first unit (4th-11th centuries) particular attention will be devoted to the plurality of early medieval legal systems; the relationship between customary law and legislation; the survival and re-emergence of Roman law; the early development of canon law; the lack of standard legal texts; dispute settlement. In the second unit (12th to 15th centuries) the birth and evolution of legal science and the development of monarchies and municipalities will be the coordinates within which the most relevant themes of late medieval law will be studied. Particular attention will be given to (1) how medieval jurists (both civilians and canonists) employed the technical apparatus of Justinian’s Roman law to interpret contemporary reality while fashioning new and original institutions; (2) the creation of hermeneutical rules which could be subsumed within a system of logic which was exclusively legal; (3) the development of Romano-canonical procedure, which continued to be used in continental Europe until the 18th century; and (4) the issue of the relationship between iura propria and ius commune.

The exam can be taken by students who have passed the following exams: Istituzioni di diritto privato, Istituzioni di diritto pubblico e Istituzioni di diritto romano.

E. CORTESE, Le grandi linee della storia giuridica medievale, Roma (Il Cigno Galileo Galilei) 2000

The teaching activity is mainly composed of lectures. Due to the Covid-19 medical emergency, it is currently not possible to indicate the teaching method (traditional, remote, or mixed) or schedule any seminar activities for attending students. For updated information, see the teacher's Moodle page (https://elearning.uniroma1.it/course/view.php?id=11734) and the Course Catalogue (https://corsidilaurea.uniroma1.it/en/users/antoniafioriuniroma1it).

Attending students must study the syllabus given in class, which they can integrate with texts posted on Elearning. Non-attending students have to study the texts indicated, and may contact the teacher for any explanations, which are provided in the scheluded consulting hours.

The final oral exam is aimed at verifying that the student understands and is able to critically examine the topics. For this purpose, the exam takes place through broad questions, that are gradually made more specific, depending on the answers. The acquisition of fundamental notions of the discipline, the understanding of the key features in every legal phenomenon studied, the ability to contextualize the latter in the correct space, time and cultural context (that is legal system, century, scientific tendency) are considered essential for the purpose of a positive evaluation. In-progress evaluations are always optional for students and are carried out by means of multiple-choice tests (open to all attendees) and in-depth interviews with groups of 5-6 people (for those who also attend seminars).

Further bibiography is available on Moodle Sapienza.

The teaching activity is mainly composed of lectures and seminars

The course will examine the main topics about medieval legal history, focusing on the sources of law, the development of legal science and the legal systems in Italy and in Europe. Among the main topics covered will be the Corpus juris civilis of Justinian, the Germanic laws, lordship and feud, the evolution of civil and canonistic legal science, the legal systems of medieval Italy, the relationship between ius commune and iura propria, the birth of the English common law system.

Students should have taken the exams of Istituzioni di diritto privato, Istituzioni di diritto pubblico and Istituzioni di diritto romano.

Mario Caravale, Ordinamenti giuridici dell’Europa medievale , Bologna, Il Mulino, 1994, except the following parts: - parte prima, cap. IV, parr. 5-6, pp. 174-190; - parte prima, cap. V, parr. 5-7, pp. 209-227; - parte seconda, cap. IV, pp. 363-393; - parte seconda, cap. V, parr. 7-8, pp. 449-471; - parte seconda, cap. VIII, pp. 549-627; - parte seconda, cap. X, pp. 649-706.

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 medieval legal history. 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.

The course is based on lectures and seminars.