99123 - Law and Justice in the Contemporary Age II

Learning outcomes

The teaching of “Law and Justice in the Contemporary Era I” aims to train an interdisciplinary and complex legal observation method on the themes of law and justice, from the 18th to the end of the 20th century, identified in the changing institutions and cultural and social context, between the liberal era, fascism and democracy.

Course contents

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:

 

Special part

2) M. Cavina, Ai confini del problema criminale. Saggi storico-giuridici, II edizione a cura di D. Hoxha, Bologna 2023

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