Course teached as: B027700 - STORIA DEL PENSIERO GIURIDICO ROMANO 5-years Single Cycle Degree in LAW
Teaching Language
Italian
Course Content
The course of history of Roman legal thought reconstructs the birth and evolution, typical of the Roman juridical experience, of the figure of the jurist as a specialist of the scientia iuris, starting from the analysis of the role and intellectual status of the jurist-pontiff, of the aristocratic republican jurist, of the jurist advisor to the prince, of the jurist imperial official.
FOR ATTENDING STUDENTS:
Lecture notes and classroom material
FOR NOT ATTENDING STUDENTS:
A. SCHIAVONE, Ius. L’invenzione del diritto in occidente. Nuova edizione, Torino, 2017, pp. 47-398
Learning Objectives
The course aims to show how the form of social discipline that has characterized the entire western legal mentality, the ius civile of the Romans, is the result of the elaboration of expert iuris consultations, practical intellectuals, able to elaborate, during the course of centuries, a system of rules capable of evolving and adapting to changing social and political conditions.
Prerequisites
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Teaching Methods
The course will be divided into lectures and seminars.
Attending students will present, using Moodle platform, individually or in groups, a research on a topic decided in class. The work will then be discussed in a seminar lesson. Also during the lectures, the interventions of the students on the subjects being discussed will be particularly encouraged and the critical comparison on the treated topics will be favored.
Further information
Registration for attending students will take place through the Moodle platform. Presence in class will be verified through a nominal appeal. A maximum of 3 absences will be tolerated.
During each lesson will be projected slides related to the topics. The slides will be distributed through the Moodle platform.
Type of Assessment
The verification of the learning will consist of an oral talk, which will aim to assess the mastery acquired by the student with respect to the topics covered.
During the oral exam the attending student can take advantage of the support of slides containing ancient sources distributed to the course and refer to the research carried out personally and by colleagues.
The exam will focus on all the topics covered during the course; the number of questions will depend on the progress of the talk, varying according to the extent to which it will be possible to evaluate the preparation of the student based on the answers received.
Course program
Starting from the fortune of Roman law and from the tradition that places it at the center of the development of modern Western law, the so-called "second life" of Roman law, the history of the scientific elaboration of law in Rome will be addressed. We will mainly investigate the history of the protagonists of this story, the jurists. From the work of the Pontiffs called to provide the necessary rules for the life of the community, to the responses of the lay jurists, from the class of republican aristocrats to the advisors of the Prince and then to the officials of the late imperial bureaucracy; from an oral dimension to the revolution of writing and the construction of a real literary experience, we will examine the path that led legal knowledge to become a real science. These processes will be analyzed in the cultural, political and institutional context in which they developed: the relationship with other artes, the dialectic with political power and social hierarchies, from the archaic monarchy, through the republican order, to the principality and form empire.