99122 - Law and Justice in the Contemporary Age I

Learning outcomes

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.

In the end of course the student will know critically the cultural foundations and the distinctive caracters of the legal culture of the modern and contemporary ages (cent. XVII-XX).

He will acquire a good knowledge of the age of the ius commune (cent. XVII-XVIII), resulted in a crisis that deeply modified the referencial jurisdictional models and the European monarchy organisation profiles. The direct consequence was a doctrinal review, leading to a placement in the “Enlightenment reformism” and followed afterwards with the deep “cut” introduced by the French Revolution in 1789. Prior to the above, was the American Revolution which led to the promulgation of the American Constitution (1787).

The student will know, also, the process of the writing of the modern constitutionalism and of the modern codifications, which will be treated and analysed, from the fondumental Napoleon code model up to the Italian civil codification (1942).

The student, besides a history of juridical sources and doctrine, will have a thorough knowledge of the development of the history of marital violence, with particular attention to an analysis of its fundamental principles.

Acquired knowledges are for the student a foundamental search tool to understand the current assets of positive law and Italian and European political institutions.

Course contents

General Part

Natural Law Theories (Origins and doctrinal mantras influencing on codification) - The period of the Late Ius Commune - Italy in the early Eighteenth Century: 1) Neo-humanistic doctrines 2) Attempts to ractionalise law sources - Juridical Enlightenment in France and Italy - The era of reforms in Prussia and in Austria - Law during French Revolution (Intermediate Law and Justice, Intermediate Law and Family, Intermemdiate Law and Church , Intermediate Law and State) - The Constitutionals systems (English constitutionalism, American constitutionalism, French constitutionalism) - The Code Napoleon and its application in Italy (formative process and contents) - The Austrian codification (formative process and contents) - Italian pre-unification legislation - The doctrine of XIX-XX centuries - The unification of the different codes in Italy from 1865 to 1942 - The juridical experience of Liberal State - The Fascist regime and law.

Special Part

1) The early medieval trial in relation to the feud: ordeals, duels, settlements


2) From Lateran Council IV to the Pisan Constitutions: the birth of inquisitorial justice


3) Accusatio and inquisitio on the threshold of the Modern Age


4) Focus on delicta carnis in the Modern Age


5) Paci private, pardons, graces: the other justice in the Modern Age


5) Summary procedures and justice ad modum belli


6) The Age of Enlightenment between guarantor aspirations and statist strictures


7) Focus on Beccaria


8) Between the Classical School and the Positive School


9) From the Rocco Code to emergency legislation

Readings/Bibliography

The preparation for the exam is differentiated between attending and non-attending students.

1) Attending class students

For the class participating students the examination will be related to the topics treated during the lessons. For the exam preparation, the notes taken during classes will be sufficient.

In order to track class presence, the modality will be communicated directly during the lesson session.

2) NON attending class students

For the students not participating classes, the examination program will relate to the following text books:

General

1) AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino 2022, le sole parti V, VI, VII, VIII, IX.

Erasmus

Foreign sudents not attending classes that are participating in the Socrates-Erasmus program can take the exam by establishing a special program with the prof. Damigela Hoxha.

Integrating exams which students who have moved from other Courses

The programme for integrating exams which students who have moved from other Courses needd to take is planned with each individual student on the basis of the programme completed and on the CFU necessary.

Teaching methods

Teaching will be developed into frontal classes in which it will be discussed the systematic presentation of the topics covered by the Course.

During the lessons will be discuss normative and doctrinal sources for the relevant period

The course is annual and it is divided in two modules:

I module: general (I semester)

II module: specific (II semester)

Students will be allowed to take the exam from the summer session onwards.

Assessment methods

The profit exam will take place in oral form. The test will focus on the topics indicated in the "Program and contents" section and the student must demonstrate to acquire knowledge of using critically historical skills, also into approach at issues of positive law and for the understanding of current assets of political Italian and European institutions.

The exam can take place only after having passed the exam of History of Medieval and Modern Law.

The evaluation of the test will be carried out taking into consideration

• the knowledge of the course contents
• the ability to make connections between the different parts of the program
• the ability to develop critical arguments
• the articulation and accuracy of the exposure
  

The assignment of the final grade will be guided by the following criteria:


1. Preparation on a very limited number of topics covered in the course and ability to analyze emerging only with the help of the lecturer, expression in overall correct language → 18-19;

2. Preparation on a limited number of topics covered in the course and ability to analyze independently only on purely executive issues, expression in correct language → 20-24;

3. Preparation on a large number of topics covered in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;

4. Substantially exhaustive preparation on the topics covered in the course, ability to make independent choices of critical analysis and linking, full mastery of specific terminology and ability to argue and self-reflect → 30-30L.


Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

The thesis

The thesis, intended for a detailed study of institutes, people and precise moments from juridical modern and contemporary history, will be assigned to those students who show a clear interest in the historical-juridical educational path.

Requests from those students who decline to dedicate the necessary time to make thesis elaboration a constructive experience will not be accepted.

Teaching tools

In order to have a better preparation it is recommended to download the teaching material that will be made available on the website of the course owner.

Any seminars will be promptly reported in the lessons.

The lessons will be kept using notes and projected material, all made available to the students (http://campus.cib.unibo.it [http://campus.cib.unibo.it/] )

Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the professor their needs so as to be directed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Gustavo Adolfo Nobile Mattei