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

Exam preparation differs between attending and non-attending students.

1. Attending Students

For attending students, the exam will focus exclusively on the topics covered during the course.

 

To prepare for the exam, it will therefore be sufficient to use only the notes taken during class, along with the course materials that will be made available online on the course website on the pages of the course instructor.

 

The procedures for verifying attendance will be communicated directly in class at the beginning of the course.

 

2. Non-attending students

 

For non-attending students, the exam syllabus for MODULE II will be based on the required reading of the following texts: M. Cavina, *Ai confini del problema criminale. Saggi storico-giuridici*, 2nd edition, edited by D. Hoxha, Bologna 2023.

 

3. Erasmus

 

 

International students participating in the Socrates-Erasmus program may take the exam by agreeing on a special syllabus with the professor.

 

4. Supplementary Requirements for Students Transferring from Other Degree Programs

 

 

Non-attending students transferring from GIPA who must complete the 8 CFU supplementary coursework are required to cover only the specialized portion of the course:

 

1) M. Cavina, *Ai confini del problema criminale*, 2nd edition

 

Attending GIPA students will be required to cover the entire course material, including the entire Module II and part of Module I.

 

 

Translated with DeepL.com [https://www.deepl.com/?utm_campaign=product&utm_source=web_translator&utm_medium=web&utm_content=copy_free_translation] (free version)

 

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