History of Medieval and Modern Law

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
1
Academic year in which the course will be held: 
2018/2019
Course type: 
Basic compulsory subjects
Seat of the course: 
Como - Università degli Studi dell'Insubria
Language: 
Italian
Credits: 
10
Period: 
First Semester
Standard lectures hours: 
60
Detail of lecture’s hours: 
Lesson (60 hours)
Requirements: 

Basic skills of medieval and modern history.

Final Examination: 
Orale

The actual degree of knowledge reached by the students will be assessed at the beginning of every class. The students will interact directly with the professor in resuming the previous statements, or asking questions, or examining them closely. All the students are requested to take part, as to become more confident in addressing in a large audience.
The final oral examination will take place before an examination board, chaired by professor Danusso, according to the current academic rules, and the mark will be in fractions of 30.
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 (70%), to evaluate the communication skills acquired (10%), the appropriate understanding and the use of legal terminology (10%), the ability in logic and discourse structuring (10%).
Students, as they reply the 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 among the various subjects treated.

Assessment: 
Voto Finale

The study of law from an historical point of view aims to make the students aware that the present technical instruments are the result of a thousand years old European tradition. The course aims to highlight the development of the legal thought and the legal sources from the late Roman Empire up to eighteenth century.

The system of law in the High Middle Ages and in the Roman-German Kingdoms; the organization of the Catholic Church: structure and laws; the Holy Roman Empire; the feudal system; the medieval city-states; the first monarchic governments; 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 monarchical absolutism and the Great Courts; the doctrine of natural law; the XVIII century; the diffusion of “ius commune” in some European States.

A. CAVANNA, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, vol. 1, Milano, Giuffrè, 2005. Eventualmente, ulteriori materiali saranno comunicati a lezione.

Convenzionale

This course runs in the first semester. There are 60 frontal teaching hours (corresponding to 10 credits) enriched and integrated by teaching materials put in the e-learning platform (abstracts from Justinian law, from the Glossators’ texts, from Bartolo di Sassoferrato and Baldo degli Ubaldi, from consilia, from the judgements by the Great Tribunals and the 18th century laws). Professors from other Universities may be invited for free. They will contribute with presentations and seminars in the widening of the core notions acquired by the students in the course.

Professors

DANUSSO CRISTINA