24331 - History of Medieval and Modern Law (M-Q)

Learning outcomes

Knowledge of the Italian and European Law History during the Middle Age through the triplex itinerary of the sources, of the juridical thought, of the doctrine.

Course contents

Principal contents of the lectures are the following:

• General characters of the juridical culture and the production of the law during the middle age. Toward the formation of the 'ius commune'
• The first consolidations of the Roman law.
• The Corpus Iuris Civilis of Giustiniano.
• Roman-barbaric laws
• The juridical experience in the lombard period. The edict of Rotari
• The lombard law production between VII and VIII century.
• The Carolingian Capitularies
• Formation of the feudal right and structure of the Libri feudorum.
• The feudal doctrine. Pillio from Medicina and the separated dominion.
• Pepo and Irnerio.
• The School of the Glossators.
• The Studium in the Middle Age: Scholae, Nationes, Universitates.
• The production of the juridical book in the Middle Ages.
• Spontaneous university and university of foundation.
• Emperor Frederick the First: the constitution Habita, the Constitutio de regalibus and the other constitutions emanated in the diet of Roncaglia.
• Evolution and characters of the communal institutions between XI and XIV century.
• The local Ius proprium: the statutory production between middle and modern age.
• Doctrines related to the legitimation of the comunal Ius proprium.
• The canonical law: characters of the canonical collections during the middle age.
• The Dictatus papae.
• Graziano and his Decretum.
• The formation of the Corpus Iuris Canonici.
• Formation and characters of the Ius Commune.
• The Commentators' School.
• The juridical Humanism.
• Characters of the Ius proprium in european countries.
• Notarial doctrine and formation of the schools of notary in the XIIII century.
• Great courts and Rote in Italy and in Europe (XIV-XVIII centuries)

Readings/Bibliography

As to the general part of the course:

1) P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, I tempi del diritto. Età medievale, moderna, contemporanea, Torino, Giappichelli, 2016: chapters 1 - 2 - 3 - 4 only (up to page 199).

As to the special part of the course:

2) Mario Ascheri, Le città-stato, Bologna, Il Mulino, 2006 (disponibile anche in formato e-book)

or

3) Raoul C. van Caenegem, I sistemi giuridici europei, Bologna, Il Mulino, 2003.

Students who regularly attend classes

For the final examination students who regularly attend classes are kept to study the following materials:

• the contents of the lectures (teaching material will be available on digital platform)
• only one book (free choice) between two volumes cited above at points n. 2) and n. 3)

Other informations related to the run for the students who regularly attend classes will be communicated at the beginning of the course

Students who do not attend classes

For students who do not regularly attend classes, the following books are required reading:

• the suitable Handbook cited above at point n. 1)
• only one book (free choice) between two volumes cited above at points n. 2) and n. 3)

Teaching methods

The course is developed in Italian language.

Alongside lectures on more general subjects of the course as well on more specific topics will take place: students are encouraged and recommended to take an active part in them.

Assessment methods

At the end of the course students who regularly attend classes can take the final examination in written form (free individual choice).

Students who do not attend classes are forced to take only oral exam.

Teaching tools

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

Office hours

See the website of Pierpaolo Bonacini