73950 - History of Modern and Contemporary Law (F)

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 unification of the different codes in Italy from 1865 to 1942 - The juridical experience of Liberal State - The Fascist regime and law - The transition, the Constitution and the return to democracy.

Specific part:

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)

History of marital violence from antiquity to the 20th century:

- Licit and Illicit Correctional Violence of the Husband between the Middle Ages and the Old Regime;
- Marriage and abdication of ownership of the body;
- Wife violence and “women's crimes”;
- Characteristics of the marital abuse trial in the Modern Age and the problem of evidence;
- Literature as a source of information;
- The criminalization of marital violence between the 18th and 19th centuries;
- Marital rape and honor killing in the twilight of patriarchy.
- Sentences related to marital violence will be analyzed.

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.

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

2) NOT class participating students

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

General

1) AA.VV., Tempi del diritto. Età medievale, moderna, contemporanea, Torino 2023, only parts V - VIII.

Specific

N. Sarti, Inter vicinos praesumitur aemulatio, Milano, Giuffré, 2003, only parts 1 e 2.

M. Cavina, Nozze di sangue. Storia della violenza coniugale,
Roma, Laterza Editore, 2021. 

 

Erasmus

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

Integrating exams which students who have moved from other Courses

The program will be agreed with the lecturers based on the CFUs to be integrated and the knowledge already acquired.

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 in:

- 1st module: prof. Nicoletta Sarti (60 hours)

- 2nd module: prof. Marco Cavina (38 hours)

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 assignment of the final grade will be guided by the following criteria:

- Preparation on a very limited number of topics covered in the course and ability to analyze emerging only with the help of the lecturer, expression in overall correct language → 18-19;
- Preparation on a limited number of topics covered in the course and ability to analyze independently only on purely executive issues, expression in correct language → 20-24;
- Preparation on a large number of topics covered in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;
- Substantially comprehensive preparation on the topics covered in the course, ability to make independent choices of critical analysis and linking, full command of specific terminology and ability to argue and self-reflect → 30-30L.

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

Students already enrolled in an appeal on Almaesami are strongly advised, should they decide to postpone taking the final exam, to unsubscribe from the list via the application at least three days before it closes.

Please note that the course is annual: therefore, classes will be held in both semesters and the final exam can only be taken from the first appeal of the summer session.

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 and formative 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 on the platform "Virtuale".

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 Nicoletta Sarti