law

DOMENICO DURSI

objective of the course - which, as for the other so-called exams. complementary, it is given to students who among their skills already possess the knowledge of the political, social and economic history of Rome learned in lower and upper secondary schools and already know the rudiments of Roman law acquired during the study of the preparatory examination - it is that learning the general lines and special aspects of Roman criminal law, from the age of origin to the Justinian compilation, both for the substantial part and for the more strictly procedural one. A further objective of the course, for the section relating to the special part, will then be to provide specific knowledge on individual aspects relating to the procedural initiative in the extra-ordination process and to the problem of the delatores or on the suppression of fires in ancient Rome or on other cases criminals.

At the end of the course, students should be familiar with the main theses developed by the Romans with reference to the function of punishment and they should know the main crimes and the ways in which they were prosecuted in the Roman legal experience. In essence, they will have to be able to orient themselves in the system of criminal repression of ancient Rome, grasping connections and breaks with the systems of criminal repression of later eras.

The preparatory exams and a good knowledge of the political, social and economic history of Rome.

The course will focus on the examination of criminal repression in the Roman legal experience. The development will start from the monarchical age, to then analyze the first republican phase with regard to the provocatio ad populum and the decemviral legislation on the subject. We will therefore turn our attention to the mature republican age with particular attention to the conduct of judgments in front of popular assemblies and quaestiones extraprdinariae. Attention will be devoted to the birth of the quaestiones perpetuae and to interventions by Silla. The last part of the course will be dedicated to the Augustan reforms and to the introduction of cognitiones extra ordinem and to the criminal repression of late antiquity.

B. Santalucia, Diritto e processo penale nell’antica Roma (2^ ed.), Milano 1998.

The course will take place on the basis of lectures in which the active participation of students will be stimulated through the discussion or simulation of some well-known Roman criminal trials.

Optional

The final exam consists of an oral question about questions on different parts of the program. The ability of the learner of historical and systematic classification of the institutes and the capacity of reasoning will be evaluated through connections and the oral discussion of concrete examples taken from Roman sources.
The test structure is designed to test knowledge, comprehension and communication skills.

Exposition of the function of punishment according to the philosopher Favorino

The formation of the crimen de repetudnis

The structure of the quaestiones perpetuae

• February: Introductory Notes – Roman and Modern Criminal Law: The Reasons for Their Separation. The Origins of Criminal Repression in Archaic Rome and the Early Republican Period.
  • Books: Class notes and suggested books


• March: The System of Criminal Repression during the Roman Principate.
  • Books: Class notes and suggested books


• he System of Criminal Repression in Late Antiquity and during the Justinian Period.
  • Books: Class notes and suggested books


• May: The Judicial Proceedings against Christ and Paul of Tarsus.
  • Books: Class notes and suggested books