24331 - History of Medieval and Modern Law (A-C)

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Gender equality Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

Knowledge of Italian and European legal history through the triple itinerary of sources, legal thought, and doctrine.

Course contents

The course covers the history of legal culture, of the sources of law and of conjugal violence.

The aim is to enable the student to understand the design of the European legal history by developing a critical approach.

The right as a piece of the culture of its time will be contextualized in the different phases of European history, highlighting its perennial need to read the practice as a social science according to the - always different - tools proper to it.

The course will cover the medieval age and the first two centuries of the modern age, postponing - for its completion - to the course of history of modern and contemporary law.

Key areas of the course are:

1. Law in the early Middle Ages;

1.a. Christian Roman law between the 4th and 6th centuries;

1.b. Germanic law. (In particular, Gothic rights and Lombard law);

1.c. Customs and the noble world;

1.d. The Church and the Empire from the Carolingian age to the investiture struggle;

1.e. The early medieval juridical culture;

1.f. Feudalism.

 

2. The right in the lower middle age

2.a. Changes in law in the eleventh century;

2.b. Irnerio and the scientificization of law;

2.c. The school of glossators and its methods of scientific production;

2.d. The birth of the University;

2.E. The birth of the science of canon law;

2.f. The particular rights produced by States and cities in Western Europe;

2.g. The system of common law;

2.H. The common law as a law of lawyers from Accursio to the school of commentators;

2.I. The right of merchants.

 

3. The humanist school and the roots of modern law.

3.a. Legal Humanism and its methods of scientific production;

3.b. The elegant Dutch school and the German Usus modernus pandectarum;

3.c. From the Salamanca School to Ugo Grozio;

3.d. The concept of law between the Middle Ages and the modern age.

4. The right in ancient regime cultures.

4.a. Anti-jurisprudential ideology;

4.b. The responses of the jurist / judge;

4.c. The great courts and judgments of the judge / jurist;

4.d. Courts and jurisdictions in ancient cities;

4.e. The legal culture of the seventeenth century in Italy;

4.f. The neo-humanism between the seventeenth and eighteenth centuries;

4.g. The "defects of jurisprudence" according to the reformist jurists between the seventeenth and eighteenth centuries;

4.h. The birth of the science of criminal law;

4.i. The normative science of the nobiliary class;

4.l. Problems of matrimonial law between common law and codes.

 

5. History of conjugal violence from antiquity to the 20th century.

5.a. The geometry of the lawful violence of the husband until his criminalization;

5.b. The right to sexual exclusivity;

5.c. The problem of violence perpetrated by his wife;

5.d. Institutions to protect malmarites;

5.e. Marital rape and honor killing.

 

 

Readings/Bibliography

Attendants Students

1. AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli Editore, 2018, i primi 4 capitoli (senza i paragrafi "per approfondire")

2. M. Cavina, Nozze di sangue. Storia della violenza coniugale, IV rist., Roma-Bari, Laterza, 2018 (210pp.; senza le appendici)

3. M. Cavina, Maometto Papa e Imperatore, Roma-Bari, Laterza Edit., 2018 (170pp.) [ediz. economica 2021]

 

No Attendants Students

1. AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli Editore, 2018, i primi 4 capitoli (interi)

2. M. Cavina, Nozze di sangue. Storia della violenza coniugale, IV rist., Roma-Bari, Laterza, 2018 (intero)

3. M. Cavina, Maometto Papa e Imperatore, Roma-Bari, Laterza Edit., 2018 (170pp.) [ediz. economica 2021]

 

2 crediti: M. Cavina, Maometto Papa e Imperatore, Roma-Bari, Laterza Edit., 2018 (170pp.) [ediz. economica 2021]

4 crediti: M. Cavina, Nozze di sangue. Storia della violenza coniugale, IV rist., Roma-Bari, Laterza, 2018 (245pp.)

Teaching methods

The oral lessons will be held in the II semester. Moments of deepening and discussion.

The following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L

Assessment methods

The exam is oral. For attending students an optional 'test' is possible at the end of the course, and also an optional little 'personal research', whose score will supplement the profit rating.

Teaching tools

Slides

Office hours

See the website of Marco Cavina