General Issues
Methodology of legal historiography. The French declaration of rights (1789); European constitutional order from Middle to Modern Age
Special Issues
English constitutional history
The American Revolution and the U.S. Federal Constitution
French constitutional history and the French Revolution
German constitutional history
European constitutionalism of the 19th Century
Democratic constitutions of the twentieth century
Course Content - Last names E-N
The course intends to give a general overview of the historical development of european civil and criminal law. The course is divided into two parts.
Course Content - Last names O-Z
The lessons investigate, with comparative-historical method, the foundation of Public Law from the medieval origins to the present.Special attention is dedicated to the relationships between power and law, to State formation and to the origins of legislative and administrative powers.
General issues: notes taken from the lessons and M. Fioravanti, Costituzione, il Mulino, Bologna 1999 (just the pages that the teacher will point out during the first lessons: 70 pages more or less)
Special issues: M. Fioravanti, Appunti di storia delle costituzioni moderne, I, Le libertà fondamentali,Giappichelli, Torino 1995, II ed., pp. 176
Remote students
General issues: M. Fioravanti, Costituzione, il Mulino, Bologna 1999, pp. 174
Special issues: M. Fioravanti, Lo Stato moderno in Europa. Istituzioni e diritto, Laterza, Roma-Bari 2002 (Chapters: 1,2,3,4 and 5) and M. Fioravanti, Appunti di storia delle costituzioni moderne, I, Le libertà fondamentali,Giappichelli, Torino 1995, II ed., pp. 176
Regular students:
notes taken from the lessons and P. Grossi, L’Europa del diritto, Laterza, Roma-Bari 2007, pp. 3-255.
Remote students:
P. Grossi, L’Europa del diritto, Laterza, Roma-Bari 2007, pp. 3-255.
and
M. Fioravanti (a cura di), Lo Stato moderno in Europa: Istituzioni e diritto, Laterza, Roma-Bari 2002, pp. 3-229.
Notes taken from the lessons and P. Grossi, L’Europa del diritto, Laterza, Roma-Bari 2007, pp. 3-255 (the book is also printend in english, french, german and spanish).
Remote students
P. Grossi, L’Europa del diritto, Laterza, Roma-Bari 2007, pp. 3-255 e M. Fioravanti (a cura di), Lo Stato moderno in Europa: Istituzioni e diritto, Laterza, Roma-Bari 2002, pp. 3-229.
Or alternatively
A. Cavanna, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico. Vol. II, Giuffré, Milano 2005, pp. 13-222; pp. 253-291; pp. 337-358; pp. 395-617.
Learning Objectives - Last names A-D
Knowledge
Historicity as a natural aspect of law.
Main elements of medieval and modern juridical issues
Capabilities
Historicizing normative data.
Pointing out historical origins of juridical language.
Dealing with interdisciplinary character of juridical issues
Skills
Sensibility to interpretative nature of jurist’s activity. Relativity of juridical concepts and consciuosness of their historical roots.
Learning Objectives - Last names E-N
Contents
The course intends to give a general overview of the historical development of european civil and criminal law. The course is divided into two parts.
Objectives
The course intends to illustrate and describe the historical development of legal culture and of european legal systems from the Middle Age to the XX century, providing a deep analysis of the main institutions and concepts.
Skills
Students are supposed to:
A) Contextualize the relevant legislation in order to solve specific legal matters;
B) Understand the legal language in an historical perspective;
C) Develop a multidisciplinary approach.
Abilities
The course intends to provide the fundaments of legal culture, emphasizing the role played by history both in law genesis and in (an effectiveness-oriented) legal interpretation.
Students, thanks to an historical approach, will gradually discover the relativity of modern legal concepts, as well as the complexity and vitality of legal systems both in a time and space perspective, thus avoiding the risk of considering them only from a legislative point of view.
Learning Objectives - Last names O-Z
Knowledge
Historicity as a natural aspect of law.
Main elements of medieval and modern juridical issues
Capabilities
Historicizing normative data.
Pointing out historical origins of juridical language.
Dealing with interdisciplinary character of juridical issues
Skills
Sensibility to interpretative nature of jurist's activity. Relativity of juridical concepts and consciuosness of their historical roots.
Prerequisites - Last names A-D
Students who want to sit for the examination as ‘regular students’ must register in a list by a term that the teacher will indicate at the beginning of the course
Prerequisites - Last names E-N
Two different syllabus will be held in consideration of the frequency to the course: should the students decide to attend to the lessons, they would enroll in a separate list in view of the final test whose date will be communicated at the beginning of the course.
Prerequisites - Last names O-Z
Students who want to sit for the examination as 'regular students' must register in a list by a term that the teacher will indicate at the beginning of the course
Teaching Methods - Last names A-D
Lessons: 60 hours
Seminars: 10 hours (optional)
Teaching Methods - Last names E-N
Compulsory lecture: 60 hours.
Seminars/tours: 10 hours (facultative, no credits).
Teaching Methods - Last names O-Z
Lessons: 60 hours
Further information - Last names E-N
Final Test
Students, between the third and fourth year, will be required to draft a study plan including facultative subjects and other activities as well as the subject of the final test.
Further information - Last names O-Z
For thesis and final exam you must contact the teacher.
Type of Assessment - Last names A-D
Oral Examination
Type of Assessment - Last names E-N
Oral Examination
Type of Assessment - Last names O-Z
Oral Examination
Course program - Last names E-N
Introductory part
History as fundamental dimension of legal experience; the legal order in the age of globalization: a new european ius commune?; a pluralistic experience: the medieval legal tradition; features and crisis of the ius commune system in modern Europe (XVI-XVIII century): law as synonime of justice and order; the notion of interpretatio; the Second scholasticism movement and legal humanism; the protestant reform: individualism and modern state; from the notion of status to the notion of contract; law as synonime of statute law and expression of sovereign power; codifications in the ancién regime throughout the French revolution; the Enlightenment and the modern criminal law genesis: Cesare Beccaria and the “Leopoldina”; the relationship between law and revolution according to Santi Romano’s thought; the revolutionary legislation and the emergence of a proprietary anthropology; two different models of codification from the modern age: the Napoleonic Code and the Austrian ABGB and their application in Italy; the Exégèse as dominant legal doctrine and compulsory interpretation method in a state-centric perspective; reactions against codification in Europe: legal romanticism and Savigny’s school; the Italian codification: the 1865 civil law code and the 1889 criminal law code; commercial law and its authonomy from civil law; the turning-point in the late XIX century italian legal doctrine: the influence of german Pandectist movement; an abandoned path: the legal socialism; towards the XX century: a new codification or a new law?; the German BGB (1900) and the Swiss Code (1907): from the legal formalism to the legal realism; the decline of the XIX century liberal model: the first world war as a no turning back point in the history of european law;
Special part
The current year investigation will focus on the anti-individualistic legal movements, on law in totalitarian systems, on the relationship between the italian legal doctrine, the fascism and 1942 Civil Code genesis.
Course program - Last names O-Z
Foundation of Public Law from the medieval origins to the present.
Special issues
The concept of the State
State formation in continental Europe and particularly in France.
The Enlightenment
State, Law and Constitution
The French Revolution
Rule of Law and Rechtsstaat
The Emergence of Administrative Law
The Welfare State
The challenge of the present: Nation State, Sovereignty, Global Law