24633 - Roman Legal Methodology

Learning outcomes

At the end of the course students know:
- the interpretative methods followed by roman juriconsults;
- the logical and reasoning techniques used by roman juriconsults in construing case law;
- the logical instruments for the comprehension of the basis of legal science and the construction of western law;
- the basis and the tecniques of the legal rhetoric for the elaboration of the harangue;
- the ways of planning of the law cases.

Course contents

 

- The concept of method;
- The case law;
- The role of the jurist;
- The law interpretation;
- The method of 'pontifical' jurists: the authoritative method;
- The method of republican jurists: the scientific method;
- The dialectics and the systematics;
- The topical method;
- The interpretative criteria of the equity and of the analogy;
- The legal advice: the practice of the 'responsum';
- The technique of the abstraction;
- The 'regulae iuris';
- The method of the jurists in the 'Principato';
- The 'Dominato': the legislator and the control of the interpretation;
- The codifications and the 'massimazione';
- The activity of the jurists in the justinian age;
- The legal rhetoric
- The rule of the 'orator';
- The kinds of cases;
- The 'status causae': the ways of planning of the law cases ;
- The'status causae' of the conjecture;
- The'status causae' of the definition;
- The'status causae' of the legality;
-The elaboration of the harangue;
- The oratorial partitions: 'inventio', 'dispositio', 'elocutio', 'memoria' and 'actio';
- The 'probatio': the proofs;
- The 'confutatio' and the 'peroratio';
- The legal Ethics

 

For Erasmus students

The Erasmus students’ exam program will be agreed upon with the holder of the course.

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

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

Readings/Bibliography

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

Teaching methods

At lessons, slides will be used for a better comprehension of the institutes.

For attending students, the slides will be made available on the course website.

Lessons will be given in the first six-month period and the exam can be done from January.

Exam can be taken only after the exam of Istituzioni di diritto romano.

 

Assessment methods

Exam:

The check of objectives will be made by oral exam.

The evalutation of the exam will be made by appreciating program’s knowledge, ability in making logical-deductive reasonings and in speaking the technical-legal terminology.

Gradation of the final grade:

Preparation on very few arguments of the course, analytical skills only by professor’s help, limited ability in speaking the technical-legal terminology: 18-20;

Preparation on few arguments of the course, skills in making logical-deductive reasoning mostly by professor’s help, middling ability in speaking the technical-legal terminology: 21-24;

Preparation on the most of course program, analytical skills, autonomous ability in making logical-deductive reasonings and connections, fairly good knowledge of the technical-legal terminology: 25-29;

Exhaustive preparation on the whole course program, good analytical skills, good and autonomous ability in making logical-deductive reasonings and connections, knowledge of the technical-legal terminology: 30-30L.

Degree thesis

Degree thesis will be set taking care of student’s interest. So, students are suggested to propose a subject and time wished for the degree. Thesis is an extensive discussion that reveals self-sufficient ability of research, maturity of method and of judgment and legal interdisciplinary knowledge. Thesis has no limit of pages, but the average number of pages extends from 100 to 150. A thorough bibliography will be appreciated.

Teaching tools

At lesson juridical and rhetoric texts will be read and explained, using slides too.

Office hours

See the website of Anna Bellodi Ansaloni