53513 - History of Modern and Contemporary Law

Learning outcomes

The student acquires awareness of the affirmation and morphology of the system of codes and constitutions in modern Europe, in its cultural premises, in its normative contents and in some essential technical moments in the fields of private and criminal law.

Course contents

I module - Prof.ssa Nicoletta Sarti

Natural Law Theories (Origins and doctrinal mantras influencing on codification) - The period of the Late Ius Commune - Italy in the early Eighteenth Century: 1) Neo-humanistic doctrines 2) Attempts to ractionalise law sources - Juridical Enlightenment in France and Italy - The era of reforms in Prussia and in Austria - Law during French Revolution (Intermediate Law and Justice, Intermediate Law and Family, Intermemdiate Law and Church , Intermediate Law and State) - The Constitutionals systems (English constitutionalism, American constitutionalism, French constitutionalism) - The Code Napoleon and its application in Italy (formative process and contents) - The Austrian codification (formative process and contents) - The Albertine Statute and the beginnings of parliamentarism in Italy - Italian pre-unification legislation - The doctrine of XIX-XX centuries - German Codification (BGB).

The paradigm of ownership from the Code Civil Napoleon to the unified Civil Code of 1865 to that currently in force of 1942 through the mirror of the prohibition of emulative acts

 

II module - Prof. Marco Cavina

The course will take place, also in moments of active debate with students, on the history of criminal justice and social solution of conflicts between the Modern and Contemporary Ages.

For this purpose, several institutes and problems of history of substantive and procedural criminal law will be studied, summarised in the reference text (see bibliography).

Readings/Bibliography

Readings/Bibliography

The preparation for the exam is differentiated between attending and non-attending students.

1) Participating class students

For the class participating students the examination will be related to the topics treated during the lessons. For the exam preparation, the notes taken during classes will be sufficient.

In order to track class presence, the modality will be communicated directly during the lesson session.

1) AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino 2016, only parts IV-VIII

2) N. Sarti, Inter vicinos praesumitur aemulatio, Milano, Giuffré, 2003, soltanto i capitoli 1 e 2

3) M. Cavina, Ai confini del problema criminale. Saggi storico-giuridici, Bologna, Bup, ed. 2, 2023, pp. 11-24, 69-198, 223-233, 265-323, 343-395 (overall pp. 262) [optionally, an essay can be chosen among those not indicated, for an extra-question during the exam]

 

2) NON class participating students

For the students not participating classes, the examination program will relate to the following text books:

1) AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino, ed. 3, 2022, only parts IV-IX.

2) N. Sarti, Inter vicinos praesumitur aemulatio, Milano, Giuffré, 2003, only chap. 1-2

3) M. Cavina, Ai confini del problema criminale. Saggi storico-giuridici, Bologna, Bup, ed. 2, 2023, pp. 11-24, 69-395 (overall pp. 339)

 

Erasmus

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

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

The teaching will be divided into lectures in which the systematic presentation of the topics covered in the course will be conducted. The course lasts one year and is divided into two modules:

- 1st module: prof. Nicoletta Sarti

- 2nd module: prof. Marco Cavina

Assessment methods

The profit exam will take place in oral form. The test will focus on the topics indicated in the "Program and contents" section and the student must demonstrate to acquire knowledge of using critically historical skills, also into approach at issues of positive law and for the understanding of current assets of political Italian and European institutions.

The exam can take place only after having passed the exam of History of Medieval and Modern Law.

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

The exams withheld abroad in this disciplines category will be considered valid.

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

 

The thesis

The thesis, intended for 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 make thesis elaboration a constructive experience will not be accepted

Teaching tools

In order to have a better preparation it is possible - indeed recommended - to download the teaching material that will be made available on the website of the course owner. Any seminars will be promptly reported in the lessons.

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

Office hours

See the website of Nicoletta Sarti [https://www.unibo.it/sitoweb/nicoletta.sarti/en]

See the website of Marco Cavina [https://www.unibo.it/sitoweb/marco.cavina6/en]

Office hours

See the website of Marco Cavina

See the website of Nicoletta Sarti