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

84 ore - Ferdinando Treggiari

CFU

Course Regulation

Coorte 2023

Offered

2024/25

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 could 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 web site or in https://unipg.academia.edu/FerdinandoTreggiari

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. This 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

In order to understand the topics covered in the course and achieve the learning objectives, the student must have a good general education and possess essential knowledge of medieval, modern and contemporary history. This prerequisite applies to both attending and non-attending students.

Teaching methods

The course is composed by lectures and classroom discussions.

Other information

For any further information, students can contact the lecturer: 1) in the Department during office hours; 2) by e-mail; 3) on the Unipg Teams platform.

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. The concept of 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. The role of the Interpretatio. Legal aspects of Franciscan poverty; usus and dominium according to the Franciscan doctrine. Consilia. ‘Bartolismus’. Legal humanism. Law sources between the late Middle Ages and the early modern ages. Natural law and the birth of international law. The legal system of the New World. Territorial states of Europe. 'Grandi Tribunali’ XVIII century. 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'. Law and legal science in Germany since the reception of the ius commune in the German Civil Code (BGB). The law and the judge: from Portalis to the Swiss civil code of 1907 (ZGB). The history of constitutional law. Conceptions of sovereignty. Medieval 'constitutionalism': the regime of free municipalities and the English Magna Carta. The French constitutions of the late eighteenth century. Italian Jacobin constitutions. The Spanish and Sicilian constitutions of 1812. The Belgian constitution of 1830. The 1848. Fundamental rights. The Statuto of Regno di Sardegna (1848). The evolution of criminal law in Italy from Cesare Beccaria to the Criminal Code 1930. State, legislation and rights during the fascist dictatorship. Italian Codice civile 1942. Private law and the Constitution.

Obiettivi Agenda 2030 per lo sviluppo sostenibile

Quality education - Peace and Justice, Strong Institutions