00237 - Roman Public Law

Learning outcomes

At the end of the course students know:
- the basic structures of the roman criminal trials;
- the characterics of the inquiring system and of the accusatory system;
- the ways of planning of the law cases, with special attention to the role of the Defense and of the Public Prosecutor;

- the fundamental principles of the legal profession Ethics.

 

Course contents

The course traces the deep roots of criminal justice, analyzing the evolution of the fundamental structures of the Roman criminal trial through different historical eras. It highlights the close correlation between the state's political-constitutional framework and its judicial organization, demonstrating how shifts in power have constantly reshaped the forms of justice.

Particular attention will be dedicated to the dualism between the adversarial (accusatorio) and inquisitorial (inquisitorio) systems, the historical pillars upon which modern procedural systems rest. The course aims to decode the concepts of "due process", the ethics of legal advocacy, and the duties of magistrates, tracing the founding matrices of our current deontological and constitutional rules back to Roman rhetoric and forensic practice.

The course is developed around the following core themes:

1. Constitutional evolution and procedural systems

• Comparative models: Structural and morphological analysis of the adversarial and inquisitorial systems throughout the Roman legal experience.
• Justice and power: A study of the interactions between forms of government (Kingdom, Republic, Principate, Dominate) and the organization of criminal courts, highlighting the manner and impact of constitutional frameworks on penal repression.
• Basic structures: Technical examination of the different models of Roman criminal procedure.

2. Trial dynamics and forensic techniques

• The features of "due process": The historical genesis of procedural guarantees and the protection of citizens.
• The parties involved: The role, prerogatives, and functions of the prosecution and defense within adversarial dynamics.
• Judicial strategy: Classical methods for framing and structuring legal cases.

3. Professional ethics and deontology

• The origins of legal ethics: A study of the basic deontological principles that emerged during the golden age of Roman forensic rhetoric.
• The figure of the lawyer: Analysis of the moral and professional duties of the defense counsel, understood as the root and archetype of the modern Code of Legal Ethics.
• The responsibility of the magistrates: The institutional and ethical duties of magistrates in the exercise of their judicial function.

Learning outcomes and expected competencies

By the end of the course, students will have acquired:

• Historical-critical awareness: The ability to understand the indissoluble link between a state's political framework and the form of its criminal procedure.
• Methodological competence: Mastery of the basic procedural models (adversarial/inquisitorial), essential for understanding contemporary and comparative criminal procedural law.
• Deontological sensitivity: An understanding of the ethical foundations regulating the legal profession and the role of the magistrate, developing a conscious approach to professional duties.
  

Readings/Bibliography

G. BASSANELLI SOMMARIVA, Costituzione e Diritto nell’antica Roma, Cap. VI (La repressione criminale), Giappichelli 2019.

A. BELLODI ANSALONI, Scienza giuridica e retorica forense, 3^a ed., Maggioli, 2020, Parte II.

Suggested reading:

A. BELLODI ANSALONI, L’arte dell'avvocato, actor veritatis. Studi di retorica e deontologia forense, 2016, Bononia University Press, Cap. II; Cap. IV; Cap. V.

 

Attending students

For attending students the exam will take place on the topics covered in class.

Erasmus students

The exam program for Erasmus students will be agreed with the course holder.

Students who intend to obtain recognition of examinations abroad (Erasmus, Overseas or other exchange programs)

The course holder will evaluate from time to time the congruity of the contents proposed with the object of study of the discipline.

 

Teaching methods

The course is based on traditional lectures.

Assessment methods

Please note that the lessons will be held in the second semester and that, therefore, those who obtain the certificate of attendance in the academic year. currently they will only be able to take the exam starting from the month of May.

 

Exam:

The verification of the learning of the objectives pursued will be carried out through an oral test

The evaluation of the test will be carried out taking into consideration: knowledge of the institutional profiles, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Grading of the final grade:

Preparation on a very limited number of topics addressed in the course and explained in the texts; analytical skills that emerge only with the help of the teacher; ability to express oneself in minimal technical-legal language: 18-20;

Preparation on a limited number of topics covered in the course; analytical skills that emerge mainly with the help of the teacher; ability to express oneself in correct technical-legal language: 21-24;

Preparation on a large number of topics covered in the course and explained in the texts; ability to critically analyze and make reasoned connections; mastery of technical-legal terminology: 25-29;

Exhaustive preparation on the topics covered in the course and explained in the texts; ability to make autonomous choices of critical analysis and connection; argumentation and reflection skills; full mastery of technical terminology: 30-30L.

Students with learning disorders and/or temporary or permanent disabilities:

Please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Degree thesis

Theses will be assigned taking into account the student's interests. The thesis consists of a comprehensive treatment that reveals autonomous research skills, methodological and judgmental maturity and interdisciplinary legal knowledge.

Teaching tools

During the lessons the jurisprudential and rhetorical sources of reference will be read and commented on.

In order to facilitate the assimilation of the concepts, the illustration of the topics covered will be accompanied, during the lessons, by the presentation of slides to support the topics covered in the recommended texts.

Office hours

See the website of Anna Bellodi Ansaloni