24331 - History of Medieval and Modern Law (R-Z)

Course Unit Page


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

Quality education Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

At the end of the lessons the student

- knows the political institutions, the legal roots, the jurisprudence, the legal science which characterize the history of Western Continental Europe from Late Middle Age to Modern Age

- knows the importance of the historical approach to the legal phenomenous, in order to become a conscoius member of the community of jurists

Course contents

General part

  • The Germans entered in the Empire
    Lex Romana VisigothorumLex Visigothorum
    Lex Romana Burgundionum e Lex Burgundionum
    Pactus Legis Salicae
  • Justinian's Law, its reception in Italy and its tradition in the High Middle Age
  • The Longobard Reign
    Edictum of Rotari
    Edictum of Liutprando
  • The Carolingian Empire
    - Capitularies
  • The fief and feudal law
    - Constitutive elements
    - Hereditariness
    Libri feudorum
  • The difficult relationships between Church and Empire in the XIth century: Renovatio Imperii and Gregorian Reform
  • The preirnerian schools:
    - Pavia, Roma and Ravenna, Pepo
  • Irnerio
  • The Alma Mater and the other schools of Law during the period of glossators
    - the glossae
    - Irnerio's disciples
    - other schools
    - the last generations of glossators
    - the organization of the academic world
  • The postaccursian Age
  • The canon law: from Gratian to Corpus Iuris Canonici
  • Decretists and decretalists
  • The dialectics ius commune - iura propria
  • The School of Comment
    Commentaria e consilia
    - the school of Orleans
    - the great italian jurists of XIVth century
  • Doctrinal and jurisprudential itineraries in the age of the late ius commune: mos italicus iura docendi and mos gallicus iura docendi
  • Law in the cultures of the Ancient Regime.

Special part - History of merchant law

  • The merchant in the Middle Age
  • Origins and natures of ius mercatorum
  • The development of ius mercatorum in the Modern Age
  • Bankruptcy between ancient regime and commercial codifications
  • First societies between merchants
  • The commercial broker


General part

1) AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino 2016, only parts I, II, III, IV (until p. 200)

2) N. Sarti, Scuole, Studium, Ateneo. I primi nove secoli dell'Università di Bologna, Bologna 2018

Special part

3) U. Santarelli, Mercanti e società tra mercanti, Torino, Giappichelli, 1998.


Foreign students that are partecipating in the Socrates-Erasmus program should prepare their oral examination reading M. Bellomo, L'Europa del diritto comune, nuova edizione.

Integrating exams which students who have moved from other Courses

The programme for integrating exams which students who have moved from other Courses needd to take is planned with each individual student on the basis of the programme completed and on the CFU necessary.

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.



Assessment methods

The lessons will start in the second part of academic year.

Studenst will be allowed to afford the examination from summer session.

The final examination will be oral.

The final examination is going to certifie that the student

- knows the history of political institutions, of legal roots, of jurisprudence, of legal science from Late Middle Age to Modern Age

- knows the importance of an historical background in the knowledgement of nowdays jurists

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

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

Until further comunication by the Dean, exams will be in presence.

Exams in virtual modality on Microsoft Teams will be guaranteed for some categories of students. For the details see [https://www.unibo.it/it/ateneo/covid-19-misure-adottate-da-alma-mater/lezioni-esami-tirocini] . Students can attest their membership to those categories through SOL (Studenti OnLine).

After the inscriptions closure every student, that will be take exam in virtual modality, will receive through Almaesami the meeting link, to which he should connect the day of the exam

The professor, if it is possible, will send also the link of the subcommision from which the student will be examined. Otherwise the links will be comunicated in the virtual room at the moment of the roll call.

The thesis

The thesis, intended for a detailed study of institutes, people and precise moments from juridical medieval and modern 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

The course is completely supported by Microsoft Powerpoint.

For a better preparation it is suggested to download the didactic material that will be put on the course page (https://www.unibo.it/it/didattica/insegnamenti/insegnamento/2020/424968)

Office hours

See the website of Alessia Legnani Annichini