Unit HISTORY OF MEDIEVAL AND MODERN LAW

Course
Law
Study-unit Code
A001382
Location
PERUGIA
Curriculum
In all curricula
Teacher
Ferdinando Treggiari
Teachers
  • Ferdinando Treggiari
Hours
  • 98 ore - Ferdinando Treggiari
CFU
14
Course Regulation
Coorte 2021
Offered
2022/23
Learning activities
Base
Area
Storico-giuridico
Academic discipline
IUS/19
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
The course deals with the history of the most relevant legal systems and institutions in Europe from the end of the Roman Empire to the contemporary age, with particular reference to Italy.
Reference texts
- Aa.Vv., Tempi del diritto. Età medievale, moderna, contemporanea, Giappichelli, Torino 2022, except §§ 4, 8, 9 chap. IV.
- F. Treggiari, Povertà e proprietà: una disputa medievale, Foligno, Il Formichiere, being printed. Pending the publication of this book, students should study the following essay: F. Treggiari, Il lessico giuridico della povertà. Ideale minoritoco e diritto nel primo secolo dopo Francesco, in “Ius Ecclesiae”, XXXII (2020), n. 2, pp. 549-577, available in Unistudium
Educational objectives
Through the examination of the transformations undergone by law in history, the course aims to foster in students an awareness of the development and also the relativity and development of ant legal phenomenon. Thhis kind of approach to legal history, which isn't focused just only on notions and dates, aims to train the students to independence of judgment and to offer the right critical eye under which observe the developing and relativity of law
Prerequisites
None
Teaching methods
Lectures, tutorials, seminars
Other information
None
Learning verification modality
During the oral exam the student will be required to show that he/she knows and understands the historical evolution of the legal systems and institutions of the medieval, modern and contemporary ages, with particular reference to the history of law in Italy. The student is expected to be able to independently analyse sources and relevant problems of history of law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the historical and doctrinal sources (60%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (20%); ability to orientate oneself in the diachronic context and to identify the historical perspective of the legal phenomenon (20%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Extended program
The transition from the ancient world to the Middle Ages. The ultractivity of Roman law.
From Constantine to Justinian (4th-6th centuries). The codifications of roman law. The Church. Leges and iura. The law of Citations.
The codifications of the Late Empire. Gelasian dualism. The papal law.
The irruption of Germanic peoples in Italy. Roman-Barbarian kingdoms and laws. The principle of personality of laws in the early Middle Ages. Visigothic and Burgundian legislation. The Edict of Theodoric. The Corpus Iuris Civilis.
The coexistence of different laws. Customary law.
Lombard law collections. The Carolingian age. Promissio Carisiaca. Donation of Constantine. From Gelasian dualism to universalism.
Carolingian legislation. Justinian sources in the early Middle Ages. The Summa Perusina.
The feud. Commendatio, homagium, fidelitas. Feudal customs. 'Dominium divisum'. The Dictatus Papae.
Territorial orders. The relationship between lex and consuetudo,
City as a legal system. Iurisdictio: the l. Omnes populi. The sources of ius proprium. The Statute of Perugia (1279).
Iura propria and ius commune.
The Legal Renaissance. Irnerio and the School of Bologna. The universitas scholarium. Rhetoric and the law: the modi arguendi. Glossators and Postglossators.
The Glossa Magna. The Commentators. Medieval political doctrines.
Canon law and the Church after Worms. The Decree of Gratian. From Gregory IX to the Corpus iuris canonici.
Utrumque ius and his relationship with iura propria. Aequitas. Interpretatio.
Legal aspects of Franciscan poverty; usus and dominium
Legal humanism.
Law sources between the late Middle Ages and the early modern ages.
Territorial states of Europe. 'Grandi Tribunali’
XVIII century. Beccaria. The Declarations of Rights. The law of the French Revolution. The Code Napoleon.
Codifications in Europe: ther Austrian and Prussian areas.
The Italian area. The age of the Restoration. The 'Codice Pisanelli'.
The French constitutions of the late eighteenth century. Italian Jacobin constitutions. The Spanish and Sicilian constitutions of 1812.
The Belgian constitution of 1830. The '48. Fundamental rights.
The Statuto of Regno di Sardegna (1848)
Law and legal science in Germany until the BGB (1900).
Italian Codice civile 1942. Private law and the Constitution.
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