53513 - History of Modern and Contemporary Law

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 Corpus Iuris Civilis of Giustiniano (VI century).

- The figures of Pepo and Irnerio: the new knowledge of the roman law during XI-XII centuryes and the School of Glossators.

- The developemt of Canon Law during early and late Middle Ages: the Corpus Iuris Canonici (XII-XV centuryes).

- Accursio e the 'Magna Glossa': the building of the Civil Law system (XIII-XIV centuryes).

- The development of iura propria: italian medieval Communes, customary law and Statutes (XI-XIV centuryes).

- The School of the Commentators (XIII-XV centuryes)

- 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 (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 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 present at lesson:

Students have to study the following two books and the teaching material of the course:

Book A) Carlo Ghisalberti, Unità nazionale e unificazione giuridica in Italia, Roma-Bari, Laterza, 1979 (first edition or the followings)

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

and the teaching material available at http://campus.unibo.it. 


2) Students not present at lesson:

Students have to study the following two books:

Book A) Carlo Ghisalberti, Unità nazionale e unificazione giuridica in Italia, Roma-Bari, Laterza, 1979 (first edition or the followings)
 
Book B) P. Alvazzi del Frate, M. Ascheri, A. Grilli, S. Notari, S. Rossi, Costituzioni e codici moderni, Torino, Giappichelli, 2007
don't study Chapter 4 (pages 83-133) and Chapter 7 (pages 251-312).

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) For students presents al lesson: 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 two learning  books quoted in the section "Recommended reading", paragraph 1).

2) For students not presents al lesson: oral exam. Students will be assessed on all the topics contained in the two learning  books quoted in the section "Recommended reading", paragraph 2). Students can take their exam from January 2016.

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 material for the students will be available at http://campus.unibo.it .

Links to further information

http://campus.cib.unibo.it

Office hours

See the website of Pierpaolo Bonacini