53513 - History of Modern and Contemporary Law

Academic Year 2018/2019

  • Docente: Pierpaolo Bonacini
  • Credits: 6
  • SSD: IUS/19
  • Language: Italian
  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: First cycle degree programme (L) in Labour and corporate relations advisor (cod. 9230)

Learning outcomes

At the end of t he course the students will be able to know and understand the main phases of the history of law, with reference to the civil law system, between XVI and XIX century. They will have also some knowledge of the history of law during the late Middle Ages.

Course contents

Topics of the course are the followings:

- The Ius Commune in the Middle Age: Corpus Iuris Civilis, Corpus Iuris Canonici, Iura propria.

- The teaching of law in Italy and France during XV and XVI century.

- The Law in the Modern Age: the central public courts of justice (Senati/Rote); the communis opinio doctorum.

- "Giusnaturalismo" and "Illuminismo giuridico"; the crisis of the Civil Law system during the XVIII century.

- The main law reforms in the italian States during the XVIII century.

- The USA Constitution and the birth of the United States of America.

- The french Constitutions (1791-1793-1795-1799) and the italian Constitutions at the end of XVIII century (1796-1799).

- The Codification process in the Habsburg Empire (end of XVIII century)

- The Codification process under the power of Napoleon (1804-1810).

- The Codification process in the italian States between 1815 and 1859.

- The Codification process in the new united italian Kingdom (1861-1865)

- The Constitution in the Kingdom of Sardinia (so-called "Statuto Albertino" - 1848).

Readings/Bibliography

1) Students who regularly attend classes:

For the final exam students have to study:

- the teaching material of the course

- the following book: Paolo Alvazzi del Frate, Il costituzionalismo moderno. Appunti e fonti di storia del diritto pubblico, Torino, Giappichelli, 2007.

Teaching material will be available at https://iol.unibo.it


2) Students who do not attend classes:

Students are forced to study the following two books:

A) Maurizio Fioravanti (ed.), Lo Stato moderno in Europa. Istituzioni e diritto, XIV ed., Roma-Bari, Laterza, 2015

B) Paolo Alvazzi del Frate, Il costituzionalismo moderno. Appunti e fonti di storia del diritto pubblico, Torino, Giappichelli, 2007.

Teaching methods

Teacher-centred class. Lecturess will be held in italian language. Classes will be held approximately from September to December.

Assessment methods

Two kinds of final exam will be held:

 

1) Students who regularly attend classes: written exam straight after the end of the course. Students will be assessed on all the topics dealt during classes as well contained in the teaching material of the course and in the book quoted in the section "Readings/Bibliography", part 1).

Written exam is possible for foreign students also, that have limited knowledge of the Italian language.

 

2) Students who do not attend classes: oral exam only. Students will be assessed on all the topics contained in the two learning books quoted in the section "Readings/Bibliography", part 2). Students can take their exam from January 2019.

 

The outcome of the exam will be judged according to the following criteria.

a) Students mastering with skill and perspicacity all topics dealt with the course, with the knowledge of relevant data, such as characters, events and chronology, will be excellently graded.

b) Decent mark for Students who will prove sufficient knowledge of the topics dealt with course and of just more important facts.

c) Pass-mark for students who show minimum knowledge of key subjects.

d) Failig-mark for Students showing serious gaps in their information, or unable to capture the historical and juridical sense of the topics dealt with.

Teaching tools

Teaching digital material for the students will be available at https://iol.unibo.it/

Office hours

See the website of Pierpaolo Bonacini