The Institutions of Roman Law course (A-D, 12 CFU) aims to offer the student a general knowledge of Roman private law, examining the various institutes, starting from their origins and following their evolution. This path, based on the examination of sources, will demonstrate the decisive contribution of jurisprudence in institutional development and will allow students to have a clearer vision of the different conceptual categories.
Course Content - Last names E-N
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 history of Roman institutions and of legal thought, with particular attention to the reconstruction of the institutions in a diachronic perspective and through constant contact with the sources. The aim is to allow the student to reflect on categories, concepts and principles, fundamental for the study and understanding of law in a general perspective
ATTENDING STUDENTS
- lecture notes and didactic material distributed in class;
- 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
NON ATTENDING STUDENTS
Non-attending students can choose one of the following texts:
-1)
- M. MARRONE, Manuale di diritto privato romano, Torino 2004;
- A. SCHIAVONE (ed.), Storia giuridica di Roma, Torino, 2016, pp. 5-30; 72-141; 231-294; 371-436;
- 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
2)
- M. BRUTTI, Il diritto privato nell’antica Roma, Giappichelli, Torino, 2015;
- 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
3)
- P. GIUNTI, F. LAMBERTI, P. LAMBRINI, L. MAGANZANI, C. MASI DORIA, I. PIRO, Il diritto nell'esperienza di Roma antica. Per una introduzione alla scienza giuridica, Torino 2021;
- C. GIACHI, V. MAROTTA (a cura di), Diritto e giurisprudenza in Roma antica, Roma 2012, pp. 65-79; 111-169; 201-287;
- 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
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. 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.
Alternatively, students can also opt for one of the following two programs:
1)
- M. MARRONE, Manuale di diritto privato romano, Torino 2004;
- A. SCHIAVONE (ed.), Storia giuridica di Roma, Torino, 2016, pp. 5-30; 72-141; 231-294; 371-436;
- 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
2)
- M. BRUTTI, Il diritto privato nell’antica Roma, Giappichelli, Torino, 2015;
- 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
3)
- P. GIUNTI, F. LAMBERTI, P. LAMBRINI, L. MAGANZANI, C. MASI DORIA, I. PIRO, Il diritto nell'esperienza di Roma antica. Per una introduzione alla scienza giuridica, Torino 2021;
- C. GIACHI, V. MAROTTA (a cura di), Diritto e giurisprudenza in Roma antica, Roma 2021, pp. 65-79; 111-169; 201-287 (same pages in ed. 2012);
- 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
B) For attending students:
- Class notes;
- A. Schiavone (ed.), Storia giuridica di Roma, Giappichelli, Torino, 2016 pages indicated during the course.
- 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.
IMPORTANT.
The exam is 12 CFU 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.
A) 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.
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.
Alternatively, students can also opt for one of the following two programs:
1)
- M. MARRONE, Manuale di diritto privato romano, Torino 2004;
- 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
2)
- M. BRUTTI, Il diritto privato nell’antica Roma, Giappichelli, Torino, 2015 (with exceptions of pp. );
- 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
3)
- P. GIUNTI, F. LAMBERTI, P. LAMBRINI, L. MAGANZANI, C. MASI DORIA, I. PIRO, Il diritto nell'esperienza di Roma antica. Per una introduzione alla scienza giuridica, Torino 2021;
- 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
Learning Objectives - Last names A-D
The course aims to provide the student with a general knowledge of Roman private law by examining the various institutions, starting from their origins and following their evolution. The course will allow students to have a clearer vision of the different conceptual categories. It will be investigated on the concept of ius (in its various meanings) and its sources, and then move on to examine the law concerning persons, the legal transaction, the rights of belonging, the process, obligations, inheritances and donations.
These institutes, which have evolved over time, will make the student understand the intimate connection of modern law with Roman law.
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 training path of the Roman legal system, following its evolution from its first structuring and throughout its evolution. It is thus intended to enhance the training potential of the study of a historical but profoundly technical discipline, thanks to which it is possible to follow the transformations of a legal system over the centuries and to gain awareness of the context in which the legal categories that form the basis of moderns have arisen. juridical systems of private law on the one hand and the peculiar rules in which the distance between modern systems and the ancient Roman one is measured.
We will investigate the peculiarities of the entire Roman private law, the law of persons, succession, obligations, membership models and 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.
The course aims to provide the intellectual tools to deal critically with the major issues of law: the very birth of the law paradigm, the role of legal interpretation, the weight of consent, the idea of obligation and obligation, the meaning of jurisdiction. and ritual, just to name a few.
Prerequisites - Last names A-D
There are no preparatory exams.
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 A-D
The course consists of lectures and seminars that will also take place with the use of the tools offered by the interactive teaching support platforms, for a total of 96 hours.
During the lectures, students' interventions on the topics under discussion will be particularly encouraged and critical discussion on the topics covered will be encouraged.
The constant use of the sources will be aimed at developing in the student an analytical study of the texts in a critical sense that will bring out all the relevance of the methodology of the Roman jurists.
In the second part of the course an innovative teaching project will be developed, thanks to which the students, divided into groups, will be able to work on a text, analyzing the reflection of a jurist in relation to a specific legal question. The result of the work of all the groups will then be discussed in the classroom.
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,developing the ability to work in a team, 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 A-D
Students who intend to attend the course and take the exam with the ATTENDING STUDENTS program are required to register through the Moodle platform.
During the lectures, slides relating to the topics covered will be projected. The slides will be distributed through the Moodle platform.
Thesis in Institutions of Roman law
To apply for the thesis 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.
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
To subscribe.
Students attending the course will be enrolled via the Moodle platform. Registration through the Moodle platform can be done from the month of February.
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 A-D
The verification of learning will be substantiated in an oral examination, which will have the purpose of evaluating the mastery acquired by the student with respect to the entire framework of legal institutions.
During the oral examination the attending student will be able to benefit from the support of the slides containing ancient sources distributed during the lectures.
The exam will focus on all the topics covered during the lessons.
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 A-D
The course aims to provide the student with a general knowledge of Roman private law by examining the various institutions, starting from their origins and following their evolution. The course will deal with the concept of ius in its various meanings and related sources, the law concerning persons, the legal transaction, the rights of belonging, the process, obligations, inheritances and donations.
The explanation relating to each institution will be supported by the examination of the related sources.
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 the student with the knowledge of Roman private law, in the more general context of Roman legal history (history of normative sources and of the Roman constitution). In order to enhance both the systematic-institutional and the historical perspective of the juridical phenomenon in ancient Rome, the institutes will be studied in their formation and evolution, as a product of the work of Roman jurisprudence (in particular from the ancient popes to the jurists Severiani), of the judicial magistrates (in particular of the praetor) and of the legislation (from the comitial legislation to the imperial one). Therefore we will observe the crystallization of the institutes themselves in a network of abstract concepts and categories which still constitute, in the present, the backbone of the legal systems of positive private law, but we will not also be able to observe the profound distance, not only in many institutes but in general. in its structure, between the Roman legal order and the modern and contemporary systems that were and are influenced by it.
During the course we will deal in particular with the Roman trial, real rights, the law of obligations, family law and inheritance law, in 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 the law, such as interpretation, rite, process, jurisdiction, consent, contract, obligation.
The aim is to make students acquire the importance of mastering the essential features of an 'other' legal system, acquiring the skills of reflection and critical investigation that constitute the fundamental skills of a jurist who lives contemporary society but who projects himself in the future: as many elements of the historical journey.