B8945 - Common Law. Principles, Institutes and Cases

Learning outcomes

The course aims to provide students with the knowledge of the fundamental principles and institutions of common law, both in its English and American versions. In addition to an analysis of the system of common law sources, the rule of law, and the structure of the British and American state and government, particular attention will be paid to principles and institutions that apply to private law (contracts, torts, company law, revenue law, intellectual property law, media and communications law, family law), criminal law, and procedural law (civil and criminal), as well as to the key case law that has shaped its evolution. Upon completion of the course, students will: a) have an in-depth understanding of the fundamental institutions of common law in the various fields of constitutional law, private law, criminal law, and procedural law (civil and criminal), gaining sufficient familiarity with a transversal perspective on the connections between them; b) know the case law that has marked the evolutionary trajectory of the main institutions within the indicated sectors and are able to make a comparison with similar institutions and cases that may have characterised the Roman-Germanic legal systems.

Course contents

The course aims to provide students with a knowledge of the constitutional and institutional history of England and the United States (as well as the main legal systems inspired by them) and the fundamental principles and institutions of common law, both in its English and American versions.


In addition to an analysis of the common law system, particular attention will be paid to principles and institutions that apply to private law (contracts, torts, company law, revenue law, intellectual property law, media and communications law, family law), criminal law, and procedural law (civil and criminal), as well as to the key case law that has shaped its evolution.

Readings/Bibliography

To prepare for the final exam, students must prepare the following text:

L. Mezzetti, Common Law, rule of law e Costituzione nell'esperienza britannica, Giappichelli, Turin, 2024.


Further materials will be provided to attending students with reference to the individual principles and institutions analyzed in the course.

Teaching methods

The course is taught in person.

The analysis of the British and North American forms of government and state, as well as the principles and institutions of common law, is conducted with constant reference to English and American case law, recalling the most significant cases that represented key turning points in the evolution of both legal systems.

Assessment methods

The exam will be oral.


The assessment will be based on:


knowledge of institutional profiles;


the ability to analyze jurisprudential and doctrinal orientations;


the ability to make connections between the different parts of the program;


the ability to develop critical arguments;


the structure of the presentation;


the accuracy of the presentation.


Skipping exams is not permitted.


The final grade will be based on the following criteria:


· Knowledge of a very limited number of topics covered in the course and analytical ability that emerges only with the assistance of the instructor, generally correct language → 18-19;


· Knowledge of a limited number of topics covered in the course and independent analysis ability only on purely executive issues, generally correct language → 20-24;

. Knowledge of a wide range of topics covered in the course, ability to make independent critical analysis choices, mastery of specific terminology → 25-29;


· Substantially comprehensive knowledge of the topics covered in the course, ability to make independent critical analysis and connection choices, full mastery of specific terminology, and ability to argue and self-reflect → 30-30L.


Registration for the final exam must be completed using the Almaesami application.

Teaching tools

To facilitate the assimilation of concepts, including through visualization of logical connections, the material will be consistently illustrated using slides.


Students with learning disabilities (LD) or temporary or permanent disabilities are advised to immediately contact the relevant University office (https://site.unibo.it/studenti-con-disabilita-e-dsa/it ) and the professor to discuss the most effective strategies for following the lectures and/or preparing for the exam.

Any requests must be made within 15 days of the exam date by sending an email to the professor and including the following email address in CC: disabili@unibo.it [mailto:disabilita@unibo.it] (for students with disabilities) or dsa@unibo.it [mailto:dsa@unibo.it] (for students with learning disabilities).

Office hours

See the website of Luca Mezzetti

See the website of Francesca Polacchini