24331 - History of Medieval and Modern Law

Learning outcomes

Shelley's poem Ozymandias is about the ruins of the statue of a giant king, in the middle of the desert, upon whose pedestal run the words ‘My name is Ozymandias, king of kings: / Look on my works, ye Mighty, and despair!', while just sand remains beside. Legal history pursues the aim to dust the sand away and understand, as far as law and jurisprudence are concerned, the ‘works' of kings and emperors, of the Church as well as of citizens and parliaments, jurists and judges in European history. Through the analysis of the Medieval and Modern juridical order, students will come to learn that countless different experiences can lie behind positive law, and thus grow more sensible jurists.

Course contents

Lectures will focus on two main topics. First, they will deal with the development of law and jurisprudence in the Western world, from the age of Justinian to the triumph of Ius Commune, down to its crisis at the beginning of Modern Age. The problem of sovereignty will be the second subject to be addressed: in this field the legacy of Roman law does not stand alone, as it interlocks with the different notion of sovereignty shared by Germanic peoples, with the development of Empire's and Church's universalism and eventually with the birth of the national State. Special regard will be given to the English experience, from Magna Carta to the development of the British constitution in the 17th and 18th century.

Readings/Bibliography

Adriano Cavanna, Storia del diritto moderno in Europa, I. Le fonti e il pensiero giuridico, Milano, Giuffrè, 2005, pp. 21-251, 319-337, 479-546, 555-610 (please do take note that this is the First Volume of Cavanna's textbook)
and
Ugo Bruschi, Rivoluzioni silenziose, Sant'Arcangelo di Romagna, Maggioli Editore, 2014, pp. 43-261
are required reading.
Students attending classes may replace specific chapters with their notes, according to further instructions.

Teaching methods

Teacher-centred class. A seminar approach will be possible, if students volunteer, whenever dealing with primary sources.

Assessment methods

As a rule, oral exam. Students will be assessed on all the topics dealt with in the required reading as well as during classes (for those who attended them). Classes will be held approximately from February to May: students enrolled in the first year cannot take their exam before the end of May. Preliminary exams for students attending classes may take the form of a written test.

The outcome of the exam will be judged according to the following criteria. Students mastering with skill and perspicacity the evolution of law and jurisprudence from the Middle Ages to Modern Age and who will also know relevant data, such as characters, events and chronology, will be excellently graded. Students who will prove sufficient knowledge of the topics dealt with and of just more important facts will get decent marks. Rote learning will lead to pass the exam only if learners show minimum knowledge of key subjects. Students showing serious gaps in their information, or unable to capture the historical and juridical sense of the topics dealt with, will fail the exam.

Teaching tools

Teaching material will be available at http://campus.unibo.it. Students are advised to subscribe to the mailing list
  ugo.bruschi.Storia_del_Diritto_Medievale_e_Moderno_2015-16
through www.dsa.unibo.it. The mailing list will be used in order to circulate useful information, such as urgent notices about classes. Students are kindly requested not to reply to messages sent through the mailing list, as this would mean sending their answer to all subscribers.

Office hours

See the website of Ugo Bruschi