History of Medieval and Modern Law

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
Academic year in which the course will be held: 
Course type: 
Basic compulsory subjects
Seat of the course: 
Varese - Università degli Studi dell'Insubria
First Semester
Standard lectures hours: 
Detail of lecture’s hours: 
Lesson (60 hours)

Institutions of Private Law and Constitutional Law exams must be passed beforehand.

The actual degree of knowledge reached by the students will be assessed with a final oral examination about the entire course, and the mark will be in fractions of 30. The examining board is established according to the current academic rules. The final examination will run as follow: first, a question of general contents; then a number of questions on more specific issues, as to ascertain the acquisition of the notions requested (60%); the appropriate understanding and use of legal terminology (20%), the ability in logic and discourse structuring (20%). Students, as they reply to questions, should respect the linkage of the historical events as well as the historical evolution of principles and rules of law, and should demonstrate to be able to make connections and comparisons between the various subject treated.

Voto Finale

This course aims to offer an overview of the evolution of the Italian and European Law from the fall of the Roman Empire to the XVIII century. The course aims to highlight the various perspectives of the law over time, emphasizing the connections between the legal aspects and socio-political aspects in different historical contexts. It will highlight some controversal aspects of justice, criminal law, civil law, constitutional law.

The system of law in the High Middle Ages and in the Roman-German Kingdoms; the birth of the institutions and the law of the Catholic Church; the Holy Roman Empire; the feudal system; the city-states and the first monarchic States; the Universities and the rediscovery of Justinian code, with the Glossators first and the Commentators later; the “consilia” and the “communis opinio”; the Humanism and the so-called “Scuola Culta”; the absolutistic States and the Great Tribunals; the doctrine of Natural Law; the XVIII century.

A. CAVANNA, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, 1, Milano, Giuffrè, 2005.


There are frontal teaching hours (corresponding to 10 credits) enriched and integrated by teaching materials put in the e-learning platform or projected in the classroom.

Professor D’Amico is available to talk both before and after the lessons, and for e-mail contacts.