HISTORY OF ITALIAN LAW II

Course objectives

The course’s aim is to highlight how the study of the juridical experience of the past can help to understand and outline the most significant moments and founding values of the European legal tradition in the medieval and modern age [The specific objectives are declined according to the so-called 5 Dublin descriptors, which can be divided into two different categories: KNOWLEDGE and SOFT SKILLS] (Knowledge) [Descriptor 1: (Knowledge and understanding): The student must demonstrate that he/she has acquired an overall comprehension of the subject that allows him/her to understand the essential lines of development. In particular, he/she must know and perceive the different phases of legal history related to the modern age as well as be able to distinguish the fundamental characteristics of the main doctrinal currents of medieval and modern legal thought. The student has to show a knowledge and a comprehensive understanding of the basic historical and legal principles that involve a knowledge of the historical evolution of the legal systems, both about the origin of the fundamental institutes and also about the historical process that led to the great nineteenth-century codifications] [Descriptor 2: (Applying knowledge and understanding): The course provides the appropriate tools to move through the main legal sources of the medieval, modern and contemporary age. It aims to encourage students to perceive the strong interpenetration between Italian legal history and the wider phenomenon in the history of European law. At the end of the lessons, the student must have the ability to contextualize and interpret the basic legal sectors beyond a thorough knowledge of the history of law, which allows him/her to understand and use the sources of law with appropriate ease.] [Descriptor 3 : (Making judgements) : Through an analysis of the main positions of the doctrine and jurisprudence, the student is allowed to develop an independent critical evaluation. Among the objectives of the course there is certainly to improve critical ability and independence of judgment of future jurists. The historical events show the different answers that in the past have been found to needs that sometimes may seem similar to those of today's world (such as the origins of the ius mercatorum, born to solve the needs of speedy transactions). The student must demonstrate to possess sufficient cultural tools to identify the problems inherent in Italian and European historical-juridical evolution, which allow him/her to reflect and express judgments on the consequences that such evolution entails] Soft skills [Descriptor 3 : (Making judgements) : Through an analysis of the main positions of the doctrine and jurisprudence, the student is allowed to develop an independent critical evaluation. Among the objectives of the course there is certainly to improve critical ability and independence of judgment of future jurists. The historical events show the different answers that in the past have been found to needs that sometimes may seem similar to those of today's world (such as the origins of the ius mercatorum, born to solve the needs of speedy transactions). The student must demonstrate to possess sufficient cultural tools to identify the problems inherent in Italian and European historical-juridical evolution, which allow him/her to reflect and express judgments on the consequences that such evolution entails] [Descriptor 4: (Communication): During the lessons, the teacher stimulates the students to participate by asking questions or to suggest themselves answers to the various questions posed during the lesson. The student must demonstrate the possession of adequate basic terminological skills necessary for the continuation of the study in increasingly complex forms, communicating the acquired knowledge in a clear and scientifically correct manner.] [Descriptor 5: (Lifelong learning skills): The learning ability is tested by the teacher through questions on the topics covered to try to suggest a greater depth of information explained orally or contained in the texts. The student is encouraged to make use of previous knowledge and to link it new elements, organizing the legal notions in a cultural reference framework composed of multidisciplinary aspects related, for example, to socio-economic factors, proceeding with independent judgment and integrating the preparation with personal and critical contributions, demonstrating a high degree of autonomy in the study of the subject.]

Channel 1
LAURA MOSCATI Lecturers' profile

Program - Frequency - Exams

Course program
The course is divided in two parts. In the first part the object of analysis will be the development of the European legal history from the 16th to the 20th century. In the second part some specific institutes will be examined, with particular attention to their roots and perspectives in the juridical evolution. The first module aims (weeks 1-6) to provide a clear image on the period relating to the legal history of the Modern Age, through the study of the following topics: 1. Legal Humanism. 2. Legal particularism in the ancien régime. 3. Legal Enlightenment. 4. Codification and “Decodification”. 5. Analysis of the main European codes between 19th and 20th centuries. 6. Legal science in the age of codification. The second module (weeks 7-12) is dedicated to the analysis of particular and important institutes of the modern legal history, such as: 1. Origins and evolution of the droit d'auteur. 2. Origins and evolution of the copyright. 3. The Evolution of Water Law in 19th century. 4. Wartime law in the 20th century. 5. Contract law between 19th and 20th centuries. 6. Origins and development of the French reform of obligation and contract law.
Prerequisites
In order to pass the exam, it is essential to have a basic knowledge of the general history of the modern and contemporary age; a sufficient knowledge of the history of medieval law is necessary; knowledge of the main legal institutions, public and private law, is important; it would be useful to have at least a basic knowledge of Latin and the main European languages. The exam can be taken by students who have passed the general preparatory exams (ISTITUZIONI DI DIRITTO PUBBLICO, ISTITUZIONI DI DIRITTO PRIVATO, ISTITUZIONI DI DIRITTO ROMANO and STORIA DEL DIRITTO ITALIANO I).
Books
The following textbooks are indicated for the exam preparation: U. PETRONIO, La lotta per la codificazione, Torino, Giappichelli, 2002 G. ASTUTI, Il Code Napoléon in Italia e la sua influenza sui codici degli stati italiani successori, Torino, Giappichelli, 2015 L. MOSCATI, Diritti d'autore. Storia e comparazione nei sistemi di civil law e di common law, Milano, Giuffrè, 2020.
Teaching mode
Teaching model: The teaching model is the traditional one, composed of lectures. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and a more simplified understanding of the European legal history in the Modern and Contemporary Age. The lessons are accompanied by extensive online educational material, consisting of legislative, doctrinal and jurisprudential sources, Italian and the major European countries examined during the course. These sources are made available thanks to the use of the Sapienza e-learning platform and the Google Classroom platform. Study modes: Following the Sapienza directives, the Course will be held in person if possible, or in blended mode if necessary. The lessons will start on September 28 and will take place according to the following timetable: monday (09:00-11:00) - tuesday (09:00-11:00) - wednesday (09:00-11:00 + 11:00-13:00), room 9. Students will also be able to follow the lessons remotely through the Zoom platform: https://uniroma1.zoom.us/j/95795368466?pwd=LzN3YTgyNlczOTRmd3I1SlFUYXdVQT09 passcode: ius2020
Frequency
Course attendance: Course attendance, although not mandatory, is highly recommended in order to achieve the expected learning outcomes.
Exam mode
Number and tipology of the test: The exam consists of a single oral exam aimed to ascertain the knowledge acquired by the candidate in the study of the subject. The choice of the test method responds to the course's educational objectives, in terms of acquired and applied knowledge and understanding, autonomy of judgement, and communicative and argumentative skills. It is verified that the student has acquired a sufficient mastery of the notions relating to the legal history of the Modern and Contemporary Age and also, consequently, his/her capacity to correctly orient him/herself among the centuries, placing authors and respective works over time and demonstrating to have correctly understood the legal institutions in their historical evolution. The measurement of the final grade instead takes into account multiple aspects. In particular, the overall comprehension of the concepts acquired during the study, the ability to correctly place them over time, the ability to link the topics together and, not least, the expositive clarity of the speech, are evaluated. The students’ knowledge is assessed in the exam with a grade, given in thirtieths. The exam is deemed to have been passed if such grade is equal to or higher than 18/30; in case of full grades (30/30), the examination committee may grant honours.
Bibliography
Further bibliography: M. CARAVALE, Storia del diritto nell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2012 G. TARELLO, Storia della cultura giuridica moderna, Bologna, Il Mulino, 1976 G. ALPA, Diritto civile italiano: due secoli di storia, Bologna, Il Mulino, 2018
Lesson mode
Teaching model: The teaching model is the traditional one, composed of lectures. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and a more simplified understanding of the European legal history in the Modern and Contemporary Age. The lessons are accompanied by extensive online educational material, consisting of legislative, doctrinal and jurisprudential sources, Italian and the major European countries examined during the course. These sources are made available thanks to the use of the Sapienza e-learning platform.
Channel 2
FEDERICO ROGGERO Lecturers' profile

Program - Frequency - Exams

Course program
General part: Formation and characteristics of the modern State: its reflections on the system of the sources of law in XVI to XVIII centuries: the "legal particularism"; legislative compilations and legal culture during XVIII cent.; the Enlightenment and the law, with special reference to Italy; the French Revolution, the "droit intermédiaire", the "Jacobin republics"; the Napoleonic codification and its extension to Italy; contemporary age: legal culture of the century XIX: the school of exegesis and its influence on Italian culture; the Historical School of Law; the Restoration: formation of the codes of the pre-unification States; political unification and legislative unification in Italy; development of constitutionalism; formation of the civil code of 1865; Italian legal culture. Monographic part: consensual principle (principle of “solo consensu”) and registration of contracts in nineteenth century. Development of the Italian forest law
Prerequisites
To take the exam, it is necessary to have passed the exams of Institutions of Roman Law and History of Italian Law I
Books
Parte generale: M. CARAVALE, Storia del diritto nell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2018; Parte monografica: F. ROGGERO, Proposte forensi postunitarie su trascrizione e catasto, in Avvocati protagonisti e riformatori del primo diritto unitario, a cura di Stefano Borsacchi e Gian Savino Pene Vidari, Bologna, Il Mulino, 2014, pp. 317-342; F. ROGGERO, Alle origini del diritto forestale italiano. Il dibattito dottrinale dal 1877 al 1923, Torino, Giappichelli, 2022.
Frequency
listen to the professor
Exam mode
oral examination
Bibliography
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Lesson mode
Face-to-face teaching
  • Lesson code1009239
  • Academic year2024/2025
  • Courselaw
  • CurriculumSingle curriculum
  • Year4th year
  • Semester1st semester
  • SSDIUS/19
  • CFU9
  • Subject areaStorico-giuridico