96349 - STORIA DEL DIRITTO MODERNO E CONTEMPORANEO

Learning outcomes

By the end of the course the student will critically know the cultural foundations, the normative sources and the institutes of the late modern and contemporary ages (XVIII-XX centuries).

The juridical system previous to the codes resulted in a crisis that deeply modified the referencial juridical models and the European organization profiles. Starting from this crucial moment the course deals with the deep break introduced by the 1789 French Revolution; an event anticipated by the American Revolution which led to the promulgation of the American Constitution (1787).

The student will also master the process of the writing of the modern constitutionalism and of the modern codifications which started as an answer to the questions posed by the Juridical Enlightenment. Constitutionalism is dealt with staring from the French revolutionary constitutions, passing through the Albertine Statute, up to the Italian constitution of 1948. The codices are treated and analysed, starting from the fundamental model of the Napoleonic Code, passing through the Italian codes of the Restoration, up to the Italian civil codification (1942).

The student, besides a history of juridical sources and opinion, will have acquired a thorough knowledge of the origin and development of Employment law.

Acquired knowledge is for the student a fundamental tool to understand current assets of positive law and the Italian and European political institutions.

Course contents

General

• The juridical system previous to the codes
• The American revolution
  • The Declaration of Rights and Independence (1776)
  • The American Constitution (1787)
• The French revolution
  • The Declaration of the rights of man and of the citizen (1789)
  • The constitutions (1791-1793-1795-1799)
• The legislative reforms of the XVIII century in Italy
• The Napoleonic codes
  • The Code Civil (1804)
  • The other codes
• The Austrian codification
• Napoleonic Italy
  • The application of French codes
  • The application of the administrative and judiciary system
• The anti-French constitutionalism
• The Restoration
  • The Italian pre-unification codes
  • The constitutional models
  • The desire for union
• The constitutions of 1848
  • The Albertine Statute
• The Reign of Italy (1861)
  • Political and administrative unification
  • The unitary codes
  • The Roman matter
• The codes of the end of the XIXth century
  • The Commercial Code (1882)
  • The Penal Code (1889)
• The First World War and postwar period
• The Fascist regime
• The Italian constitution (1948)

Specific – The History of Employment law

• The social legislation of the end of the XIXth century
• Juridical socialism
• The 17 march 1898 law n. 80
• The social legislation of the beginning of the XXth century
• The collective agreement
• Public and private employment
• Employment and law between the First World War and the postwar period
• Employment law during the Fascist regime
• The union law of ‘26
• The Carta del lavoro
• The protection of the employment of women and children
• Corporative law
• The employment contract
• The Civil Code (1942)

Readings/Bibliography

The examination program will be based on the following text books:

General

1) G.S. Pene Vidari, Storia del diritto in età contemporanea, Torino, Giappichelli, 2019, pp. 237.

Specific

2) P. Passaniti, Le origini del diritto del lavoro, in Storia del lavoro in Italia, V. Il Novecento. 1896-1945 Il lavoro nell’età industriale, a cura di S. Musso, Roma, Castelvecchi, 2015, pp. 393-444.

The essay for the specific module will be made available for students on the course page

Erasmus

Foreign sudents not attending classes who are participating in the Socrates-Erasmus program can take the exam by establishing a special program with prof.ssa Legnani Annichini.

Integrating exams for students who have moved from other Courses

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

Teaching methods

Teaching will be through lectures in which the systematic presentation of the topics covered by the Course will be discussed.

During the lessons the students can study the literary forms used by medieval jurists, that will be made available on the course website.

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

Students will be allowed to take the examination from the winter session onwards.

Assessment methods

The exam will take place in written form and will consist of the answer to 31 multiple choice questions (on the general part and on the special part)..

During the examination – which lasts 1 hour and 20 minutes – dictionaries, selfphones or any help is not permitted.

The test will certify that the student

- knows the cultural foundations, the normative sources and the institutes of the late modern and contemporary ages (XVIII-XX centuries)

- knows the origin and development of theEmployment law.

- knows the importance of an historical background in the knowledge and competence of jurists today.

The evaluation of the test will be carried out by assigning a point to each question which is answered correctly.

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

Until new provisions of the Magnificent Rector, the exams - written - will be held in mixed mode. For those who opt for remote examination, the Zoom platform will be used.
After inscriptions are closed every student will receive the meeting link through Almaesami, to which he should connect the day of the exam

Exams taken abroad in this discipline will be considered valid.

The thesis

The thesis, intended as 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 write a thesis as a constructive experience will not be accepted.

Teaching tools

In order to be better preparated downloading the teaching material that will be made available on the course website is recommended.

Any seminars will be promptly reported in the lessons.

The lessons will be given 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 their needs to the professor so as to be directed to the referents to agree on the adoption of the most appropriate measures.

Office hours

See the website of Alessia Legnani Annichini