The course of Institutions of Roman Law (for the Italian master's degree, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) is intended to provide students with a general overview of Roman private law, in its historical context, institutional development, and ability to mark the construction of the concepts and dogmatic notions on which modern legal science is rooted.
Course Content - Last names O-Z
The course aims to provide a general knowledge of Roman private law, in the context of the Roman legal history, with particular attention to the diachronic perspective on the reconstruction of institutions. We through, moreover, constant contact with the sources, in order to allow the student to reflect on categories, concepts and principles, fundamental for the study and understanding of law in general
ATTENDING STUDENTS Prof. Giunti (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian-German double-degree courses):
- lecture notes, as well as
- P. Giunti, P. Lambrini, F. Lamberti, L. Maganzani, C. Masi, I. Piro, Il diritto nell’esperienza di Roma antica. Per una introduzione alla scienza giuridica, Giappichelli, Torino, 2021 (limited to the parts indicated during the lectures).
For students of the Italian master's degree course only, last names starting with E-N (12-credit examination), attendance will also include participation in the project of innovative didactics Atelier del diritto.
NON-ATTENDING STUDENTS Prof. Giunti (last names starting with E-N):
- P. Giunti, P. Lambrini, F. Lamberti, L. Maganzani, C. Masi, I. Piro, Il diritto nell’esperienza di Roma antica. Per una introduzione alla scienza giuridica, Giappichelli, Torino, 2021 (per intero), as well as
- P. Lambrini, Fondamenti del diritto europeo. Manuale istituzionale, Giappichelli, Torino, 2021, pp. 1-12; 77-92; 207-268.
A) For non-attending students:
- A. SCHIAVONE (ed.), Storia giuridica di Roma, Torino, 2016, pp. 5-59; 73-204; 231- 345; 371-469
- L. LANTELLA, E. STOLFI (a cura di), Profili diacronici di diritto romano, Torino, 2005, pp. 27-156; 208-226;
- as a useful support to learning, it is suggested to consult the Institutiones of Gaius, in the edition of B. SANTALUCIA (ed.), Antologia delle Istituzioni di Gaio, Bologna, 2005.
In caso di difficoltà con i testi, si prega di contattare il docente.
B) For attending students:
- Class notes;
- A. Schiavone (a cura di), Storia giuridica di Roma, Giappichelli, Torino, 2016 pages indicated during the course.
Also for attending students, the consultation of the Institutiones of Gaius can be very useful, in the edition of B. SANTALUCIA (edited by), Antologia delle Istituzioni di Gaio, Bologna, 2005. Many passages of the work will, however, be commented on in lesson.
The exam is 12 credits only for students enrolled starting from the academic year. 2021-2022.
For students who enrolled before the academic year 2021-2022, the exam must be taken for 9 credits.
For not-attending students of the 9 CFU exam, the program is:
- A. SCHIAVONE (ed.), Storia giuridica di Roma, Torino, 2016, pp. 5-59; 73-204; 231- 345; 371-469
- as a useful support to learning, it is suggested to consult the Institutiones of Gaius, in the edition of B. SANTALUCIA (ed.), Antologia delle Istituzioni di Gaio, Bologna, 2005.
198 / 5.000
The attendance of lessons for students of the 9 CFU course will be agreed with professor, who will indicate the lessons in which it will not be necessary to participate and the topics that will not be examined.
Learning Objectives - Last names E-N
The course of Institutions of Roman Law (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) aims to develop the knowledge of the experience of Roman private law grasped in the necessary historicity of the legal phenomenon.
In this way, the course aims to enhance the student's ability to contextualise normative data from a historical point of view, as well as to grasp the profiles of interdisciplinary interaction between the legal experience of the past and the legal systems in force, both nationally and supranationally.
These knowledges will enable students to appreciate the moments of jurisprudential construction of law as well as the interpretative and creative role of the jurist. The constant dialogue between ancient and modern legal institutions will strengthen the student's awareness of the historical nature of the phenomena of social regulation.
Learning Objectives - Last names O-Z
The course aims to guide the student through the path of formation of the Roman legal system, following its evolution up to the establishment of the legal categories that form the basis of modern legal systems of private law. We will investigate the peculiarities of Roman private law, in all its branches, the law of persons, of successions, of obligations, of the models of belonging and of the process, through a direct comparison with the sources of production of Roman law, essential tools for every jurist in order to understand and master the principles and rules of any legal system.
Prerequisites - Last names E-N
No propaedeutic examinations are required.
Prerequisites - Last names O-Z
There are no prerequisites for this exam
Teaching Methods - Last names E-N
The course of Institutions of Roman Law consists of lectures and seminars, which will also take place with the use of the tools offered by the interactive teaching support platforms, for a total of 96 hours (for the Italian degree course, last names starting with E-N, 12-credit exam) and 72 hours (for the Italian and French, and Italian and German double-degree courses, 9-credit exam).
During the lectures, particular attention will be devoted to the appreciation and understanding of the junctures that led Roman private law to coagulate into the dogmatic notions and conceptual paradigms on which modern private science is based. To this end, the current Italian Civil Code and important European legal sources will be consulted in the classroom.
For students of the Italian master's degree course only, last names starting with E-N (12-credit exam), the lectures will also cover the 'Atelier del diritto' workshop of innovative didactics. Starting from the words of the Roman jurist Juventius Celsus, who defined law as the "art of the good and the just", Atelier del diritto will focus on the artistic dimension of law, with the aim of highlighting the centrality of the jurist's role as the "creator" of the legal solution. For this purpose, Atelier del diritto will include cases and jurisprudential responses on issues of particular legal interest. These will be discussed in class with the active involvement of the students, so as to stimulate legal reasoning and logical-argumentative aptitudes, as well as the ability to ask questions and "create" answers for the examined cases.
Atelier del diritto will also include the study of pages of great literature (classical and modern) as well as the observation of particularly famous examples of figurative arts that, inspired by the accounts of the ancients, have addressed the fundamental questions relating to the nature and function of law, thereby contributing to the creation of the European cultural and legal heritage.
Teaching Methods - Last names O-Z
The course will consist of frontal teaching lessons, classroom exercises also carried out through the use of the tools offered by the interactive teaching support platforms, guided development of an innovative teaching project that allows students to approach the way of thinking and working on a legal text, for a total of 96 hours.
During the lectures, students' interventions on the topics being discussed will be particularly encouraged and critical discussion on the topics will be promoted.
During the course, short multiple choice questions will be proposed to which it will be possible to answer easily and anonymously. Reading and comparing the questions and answers will allow you to become aware of the understanding of the topics covered.
The second part of the course will also host the innovative teaching project We (e) jurists, thanks to which students, divided into groups, will be able to work on a text, analyzing the reflection of a jurist in relation to a specific legal issue. The result of the work of all the groups will then be discussed in the classroom.
Further information - Last names E-N
COURSE ENROLMENT
Students of the Italian master's degree course who intend to attend lectures and take the examination based on the programme for attending students, as well as all the students of the Italian and French, and Italian and German double-degree courses are required to register on the teaching page of Institutions of Roman Law, last names starting with E-N, available on the Moodle e-learning platform (using their University credentials: registration number and password), by the deadline indicated in the classroom during the first lecture. No more than 4 unexcused absences are permitted.
GRADUATION THESIS
A student intending to graduate in Institutions of Roman Law and Roman Law must agree with the lecturer, preferably between the third and fourth year, on a study plan that includes the free-credit lectures and the other educational activities aiming to develop topic of the thesis. Anyway, the study plan must include the Roman-law courses, namely History of Roman Constitution (6 credits) and History of Roman Legal Thought (6 credits).
Due to the specific nature of the Romanist thesis, which is built on the direct analysis of the sources of Roman law, a sufficient understanding of Latin is required to the candidate.
Further information - Last names O-Z
Subscription.
Students attending the course will be enrolled via the Moodle platform.
During each lesson, slides relating to the topics covered will be projected. It will be, in a minimal part, summary slides, useful for following the development of the topics of the lessons, for the most part of slides containing ancient sources, which will form an integral part of the discussion of the topics inherent to the course. The slides will be distributed through the Moodle platform.
To graduate in Institutions of Roman law.
To graduate in Institutions of Roman law, students are required to take the specialization exams present in the program of our School (in particular, Roman Law, History of the Roman Constitution and History of Roman legal thought). For any information, contact the teacher.
Type of Assessment - Last names E-N
For all students (both of the Italian master's degree course, last names starting with E-N, and of the Italian and French, and Italian and German double-degree courses), the learning assessment will consist in an oral test, the purpose of which will be to assess the knowledge and understanding of the Roman legal system, its institutes and connections, which are the subject of the programme. The mastery of the technical-legal language, the capacity for logical-argumentative reasoning and the quality of the exposition will be appreciated.
For ATTENDING STUDENTS, the oral test will be divided into two parts: the first part will focus on the topics dealt with in the textbook, the second part will cover all the topics and institutes dealt with during the lectures.
For NON-ATTENDING STUDENTS, the oral test will entirely focus on the topics dealt with in the textbooks.
Type of Assessment - Last names O-Z
The exam will be an oral exam, which will aim to assess the mastery acquired by the student relative to the entire framework of the legal system. Not secondary objective will be to verify the student's ability to understand the peculiarities of the Roman legal system and its history, demonstrating a critical and aware approach to the proposed concepts.
During the examination attending student can benefit of the support of the slides containing ancient sources distributed at the course. The exam will focus on all the topics covered during the course; the number of questions will depend on the trend of exam, varying according to the extent to which it will be possible to evaluate the student's preparation based on the answers received.
Course program - Last names E-N
The course of Institutions of Roman Law (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) tends to offer, through the use of the historical-systematic method, a general overview of private Roman law, its institutes, its formation and development. In particular, the programme includes: Roman private law and its sources; subjects of law; family law; legal acts and facts; property and rights in rem over other people's property; possession; inheritance law; obligations; donations; civil procedure.
Course program - Last names O-Z
The course of Institutions of Roman Law aims to provide students with the knowledge of the Roman private law, in the more general context of Roman legal history (the history of the Roman sources of law and constitution). In order to enhance both the systemic and institutional perspective, the institutes will be studied in their formation and in their evolution, as a product of the Roman law (in particular, by the ancient popes up to the lawyers Severan), of magistrates (in particular the pretor) and legislation (from seizure legislation up to the imperial one). Then we will observe the crystallization of the same institutions in that network of abstract concepts and categories which constitute, even in the present, the backbone of the legal systems of positive private law. During the course we will cover in particular the Roman trial, the law of property, the law of obligations, family law and inheritance law, in a continuous contact with the sources. We will try to reflect on the historical origin of the idea of law and of many categories that support the modern theoretical construction of law, such as interpretation, rite, process, jurisdiction, consent, contract, obligation.