05505 - History of Modern Codification

Learning outcomes

Contemporary lawyers in many European countries 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 also be paid to what codes and constitutions are not supposed to be.

Readings/Bibliography

Gian Savino Pene Vidari, Storia del diritto in età contemporanea con revisioni ed integrazioni di Caterina Bonzo, Paola Casana e Valerio Gigliotti, Torino, Giappichelli, 2023
and
Ettore Dezza, Lezioni di storia della codificazione civile. Il Code Civil (1804) e l’Allgemeines Bürgerliches Gesetzbuch (ABGB, 1812), Torino, Giappichelli, 2000
are both required reading.

Students attending classes are suggested to replace Pene Vidari's textbook with their notes and with the sources and teaching material uploaded on Virtuale.

Students who already took the History of Modern Codification exam elsewhere and are in need of additional credits are kindly requested to get in touch with Dr Bruschi, providing the following information: number of additional credits required and syllabus of their previous course.

Teaching methods

Teacher-centred class. A seminar approach will be possible whenever dealing with primary sources, provided that students are willing to get more involved.

Assessment methods

Exams will normally consist of an oral test. 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 attend them). Classes will be held approximately from February to May: students enrolled on the first year cannot take their exam before the end of May.

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 historical figures, events and chronology, will be excellently graded (final mark between 27 and 30; an exceptional ability to navigate the subject and to personally rework the contents of the course will lead to a final mark of 30 hons.). Students who will prove sufficient knowledge of the topics dealt with and of just more important facts will get decent marks (final mark between 22 and 26). Rote learning will lead to pass the exam only if learners show minimum knowledge of key subjects (final mark between 18 and 21). Students showing serious gaps in their information, or unable to capture the historical and juridical sense of the topics dealt with, will fail their exam.

Students need to register for their exam on the Almaesami website.

Please be aware that oral exams cannot be taken outside official exam dates. Erasmus and international students are strongly recommended to double-check well in advance with their home university the final deadline for taking their exam.

Teaching tools

Teaching material will be available on Virtuale.

Students are strongly advised to subscribe to the mailing list
ugo.bruschi.Storia_Codificazioni_Moderne_2026
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 asked to refrain from replying to the messages sent through the mailing list, as replies sometimes get lost. Instead, they should write directly to Dr Bruschi (ugo.bruschi@unibo.it).

Students with learning disorders and/or temporary or permanent disabilities are kindly requested to contact the Service for Studentes with Disabilities and SLD as soon as possible, so that they can propose all the necessary adjustments. Once the latter have been arranged, students should get in touch with Dr Bruschi at least 15 days before the exam date, since he has to assess the suitability of these adjustments, while also taking into account the aims of the course.

Office hours

See the website of Ugo Bruschi