53513 - History of Modern and Contemporary Law

Learning outcomes

The course is aimed to outline the distinctive caracters ogfthe juridical culture between the era of the Enlightnement and Codification.

The era of theius communeresulted in a crisis that deeply modified the referencial jurisdictional models and the European monarchy organisation profiles. The direct consequence was a doctrinal review, leading to a placement in the “Enlightenment reformism” and followed afterwards with the deep “cut” introduced by the 1789 French Revolution. Prior to the above, was the American Revolution which led to the promulgation of the American Constitution (1787).

From these two main events, following each independent paths, is the beginning of the writing of the modern constitutions and codes; which will be treated and analysed, from the fondumental Napoleon code model up to the Italian civil codification (1942).

Course contents

The period of the Ius Comune - The juridical doctrine in 1600/1700 - Juridical Enlightenment in France and Italy - The American Constitution - The Jacobin Constitutions - The era of reforms in Prussia and in Austria - Law during French Revolution - The Code Napoleon and its application in Italy - The Austrian codification - Italian pre-unification legislation - The unification of the different codes in Italy from 1865 to 1942 - The juridical experience of Liberal State - The Fascist regime and law.

A preliminary: origin and development of Ius Mercatorum - Speciality and universality (questa frase mi lascia un po' dubbiosa, ma in ufficio non ho il vocabolario.. la verifico a casa su quello monolingua, non so se va bene specialità e universalità)of Merchant Law - Some typical negotial figures of Merchant Law - The origin of autonomous science: treaties on commercial law (sec. XVI) - The nationalization of Merchant Law: from the Ordonnance du commerce (1673) to the Code de Commerce (1807) - The commercial legislation in the experience of pre-unitarian italian States - The Italian Commercial Code (1865) - A new Italian Commercial Code (1882) - The unification of Civil and Commercial codes (1942): the incorporation of Private Law into Merchant Law - The merchant justice: from "Mercanzie" to Commercial Courts of law - Bankruptcy between ancient regime and commercial codifications - The "economic democracy": from Companies of Indie (sec- XVIII) to Joint Stock Companies - From proxeneta to mediator: genesis of a professional figure - The new lex mercatoria

Readings/Bibliography

1)Participating class students

For the class participating students the examination will be related to the topics treated during 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.

2) NON class participating students

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

1) A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all'età contemporanea, Bologna 2007, le sole parti III (da p. 329), IV, V e VI (fino a p. 609).

2) A. Padoa Schioppa, Saggi di Storia del diritto commerciale, Milano 1992, ad esclusione dei saggi I e IV

3) F. Galgano, Lex mercatoria, V edizione, Bologna 2010

Teaching methods

The course is annual.

Assessment methods

The exam will be oral.

The exam can take place only after having passed the exam of Storia del diritto medioevale e moderno.

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

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 Legnani Annichini.

Teaching tools

The lessons will be kept using notes and projected material, all made available to the students (http://campus.cib.unibo.it)

Office hours

See the website of Alessia Legnani Annichini