05505 - History of Modern Codification

Learning outcomes

Contemporary lawyers would be perhaps more willing to swear on the Civil Code than on the Bible, but aspiring jurists must bear in mind that Codification was not the inevitable outcome of History. On the contrary, Codification is an idea, developed in rather different fields: from civil law to criminal law, to constitutional law. Students are therefore called to understand that it is only a possible answer to the quest for legal certainty shared by every  society.

Course contents

The course will focus on how the idea of Codification rose, triumphed and, perchance, declined, beginning with the crisis of Ius Commune in the 16th century and ending with the contemporary puzzlement of jurists. Codification will be dealt with as related to civil law as well as to criminal or constitutional law: the aim of lectures will not be short-sighted sciolism on loads of examples of codes, but the understanding of an idea. As such, attention will be especially paid to what codes and constitutions are not supposed to be.

Readings/Bibliography

Ugo Petronio, La lotta per la codificazione, Torino, Giappichelli, 2002, pp. 67-171, 195-228, 235-343
and
Ugo Bruschi, Rivoluzioni silenziose, Sant'Arcangelo di Romagna, Maggioli Editore, 2014, pp. 313-450
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 development of Codification 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 available at http://campus.unibo.it. Students are advised to subscribe to the mailing list

ugo.bruschi.StoriaCodificazioniModerne2015-16

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