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 systems, from the early Middle Ages to the codification age. 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 (circa 36 hours of lessons) aims to provide a clear image on the period relating to medieval juridical experience, through the study of the following topics:]
8) The Workshop of Practice: The Early Middle Ages;
9) Systems of Law in the Late Middle Ages;
10) The mos mercatorum: The Law Merchant at its Beginnings;
11) Common Law;
12) Creation of Classical Canon Law;
13) Magna Charta Libertatum and Common Law in England;
14) The Legal Enlightenment.
The second module (circa 36 hours of lessons) aims to provide the student with important notions related to the age of codifications. In explaining these topics, some lessons on particular and important institutes of the modern era are also included, like for example the juridical regulation of waters and intellectual property. Among these:
1) Codification and “Decodification”;
2) Legal Scholarship and Legislative Practice in the Age of the Code;
3) Literary Property Matters between 18th and 19th Centuries, and the Invention of Common Law Playwright;
4) Legal Scholarship and Legal Practice in the German-Speaking Region during the Early Modern Period;
5) Savigny and the Codification;
6) A “Scientific Code”: the BGB of 1896-1900;
7) The Evolution of Water Law in 19th Century: Legal Socialism;
8) Twentieth-Century Law: The Crisis of the State.
Prerequisites
In order to pass the exam, it is essential to comprehend the various historical periods and fully understand the juridical experience characterizing about a millennium of legal history, from the 11th century to the State crises that have characterized the twentieth century.
Books
- P. GROSSI, A History of European Law, transl. by L. Hooper, Chichester, Wiley-Blackwell, 2010
- L. MOSCATI, Tools and Perspectives in Authors' Rights, Torino, Giappichelli, 2024
Teaching mode
The teaching model adopted is the traditional one, composed of lectures. The attendance of the course by the students is optional. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and an easier understanding of the European legal history is guaranteed from the middle Ages to the modern age. Regarding the use of telematic tools, in addition to the oral explanation, during the lessons the projector is used to show the students the images related to the works of the jurists studied, as well as the normative texts of reference for the study of the matter. 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, from the early Middle Ages to the twentieth century. These sources are made available on the Sapienza e-learning platform.
Frequency
Course attendance: Course attendance, although not mandatory, is highly recommended in order to achieve the expected learning outcomes.
Exam mode
The final exam consists of an oral or written exam to ascertain the knowledge acquired by the candidate in the study of the subject. It is verified that the student has acquired a sufficient mastery of the notions relating to the legal history of the Medieval and Modern 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.
At the end of the teaching scheduled for the months of September, October, November and early December, it is usually provided for a pre-exam for attending students and aimed at verifying that they have reached a good level of preparation and fully understood the arguments explained at lesson. The duration of the oral exam is not exactly quantifiable and depends on the candidate's preparation.
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.
Bibliography
M. BELLOMO, The Common Legal Past of Europe. 1000-1800, transl. by L.G. Cochrane, Washington, D.C., 1995
R. LESAFFER, European Legal History. A Cultural and political Perspective, transl. by J. Arriens, Cambridge 2009
A. PADOA-SCHIOPPA, A History of Law in Europe. From the Early Middle Ages to the Twentieth Century, transl. by C. Fitzgerald, Cambridge 2017
T. HERZOG, A Short History of European Law. The Last Two and a half Millennia, Cambridge, MA, 2018
Lesson mode
The teaching model adopted is the traditional one, composed of lectures. The attendance of the course by the students is optional. Through continuous and direct dialogue between the teacher and the students, a deeper knowledge and an easier understanding of the European legal history is guaranteed from the middle Ages to the modern age. Regarding the use of telematic tools, in addition to the oral explanation, during the lessons the projector is used to show the students the images related to the works of the jurists studied, as well as the normative texts of reference for the study of the matter. 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, from the early Middle Ages to the twentieth century. These sources are made available on the Sapienza e-learning platform.