84146 - Medieval and Modern Legal History

Learning outcomes

Knowledge of Italian and European legal history through the triple route of the sources, of the legal thought, of the doctrine.

Course contents

Nowadays too often sadly dismissed just as a sum of technician’s skills, legal science has long been a pillar of civilization, and was studied not just as a means to provide an answer to man’s social needs, but also as a path to a firmer grasp of the meaning of life.

Western legal tradition found its basis, on one hand, in the rescue of Roman jurisprudence by the emperor Justinian at the beginning of the 6^th century AD and, on the other hand, in the rediscovery, from the end of the 11^th century, of that treasure by scholars in Bologna. They had both the courage to address a knowledge which had been all but lost after the wreck of the Empire, and the inventiveness to adapt it to the very different circumstances of their era. The system they slowly built and constantly adapted was to last until the paradigm shift at the beginning of the Modern Era. Its rise, apogee and decline will be the subject of a greater part of the course. But the Middle Ages were also marked by the rise of the forerunners of the modern state, which was to develop during the 16^th and 17^th century: attention will therefore be also paid to this topic, as well to the beginnings of constitutionalism and parliaments, which represent the essential contribution of the English world to Western legal tradition. Conventionally – although not so correctly, historically – Magna Carta (1215) represents the beginning of modern constitutionalism, and thus will come under closer scrutiny during the course.

Readings/Bibliography

Students who regularly attend classes will be assessed just on the contents of the lectures, and of the primary sources discussed during the course, Magna Carta included (the full text of Magna Carta, both in the original Latin and in an English translation, will be made available on  http://campus.unibo.it before lectures begin).

For students who do not regularly attend classes, the following books are required reading:

1. as to the general part of the course: Randall Lesaffer, European Legal History: A Cultural and Political Perspective, Cambridge, Cambridge University Press, 2009, paragraphs §§ 42-50; 89-137; 144-175; 177-198; 213-288; 293-322; 332-338; 396-397;
2. as to Magna Carta, students shall be able to discuss the provisions of the Carta, as well as the historical context and the subsequent reinterpretation of Magna Carta; any commentary will do, but Nicholas Vincent, Magna Carta: A Very Short Introduction, Oxford, Oxford University Press, 2012 (only pp. 21-102, 111-124) is possibly the most convenient choice.

Teaching methods

Alongside lectures on more general subjects, seminars centred on primary sources, as well on more specific topics will take place: students are encouraged and recommended to take an active part in them.

Assessment methods

As a rule, oral exam. Students will be assessed either on all the topics dealt with in the required reading (for students who do not regularly attend classes) or 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.

Teaching tools

Teaching material will be available at http://campus.unibo.it . Students are advised to subscribe to the mailing list
 ugo.bruschi.Medieval_and_Modern_Legal_History_2017-18
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