91378 - EUROPEAN LEGAL HISTORY

Learning outcomes

During the course students will develop a basic knowledge of legislative sources and jurisprudential techniques as well as critical skills and abilities needed to understand current legal institutions; they will be able to reconstruct the evolution over time of the institutes studied, also by comparing the experiences of the different European legal systems; they will apply the notions learned to the analysis of regulatory sources relating to different eras and orders; they will understand the meaning of the rules and be able to grasp their spirit even taking into account the political, economic and social context of reference.

Course contents

This course provides an account of the development of legal thought, culture and institutions through medieval and early modern European history. It will focus mainly on the period between the 11th and 17th centuries, with occasional reference to relevant preceding and later periods. By examining the evolution of legal norms and institutions in widely differing contexts, the course will broaden the students' ability to think critically about legal institutions past and present, foreign and domestic, and deepen their understanding of the historical and philosophical foundations of legal systems, as well as the relation between law, society and politics.

The main topics covered will be: Law in the European Early Middle Ages; the origins of legal teaching and learning in the universities; the notions of jus commune and legal science; the development of national law in Europe (incl. the English common law); the early modern development of legal learning: humanism, second scholasticism and natural law theory; the consolidation of national legal systems in early modern Europe.

 

 

Readings/Bibliography

Students attending lectures in person will be expected to be familiar with the content of the slides and notes taken in class.

 

Students who do not wish to attend lectures may prepare the material by reference to the following textbook and pages:

 

R. Lesaffer, European Legal History. A Cultural and Political Perspective, Cambridge University Press, 2019, pp. 1-14, 58-63, 109-113, 123-371, 380-389, 395-398, 432-436, 448-452.

Teaching methods

Teaching will be provided through lectures supported by PPT presentations in which primary sources will be explored directly.

Assessment methods

Examinations will be conducted orally.

The exam will focus on the topics indicated in the 'Course contents' section and the student must demonstrate that he/she has acquired a good understanding of the subjects covered and is able, when prompted, to think about it insightfully and critically.

The following criteria will be used to assign the final mark (that will be out of 30):

- knowledge of a very limited number of topics, extensive help by the interviewer to address and answer the questions, basic but appropriate language 18-19;

- knowledge of a limited number of topics, ability to autonomously address basic topics, use of appropriate language → 20-24;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse the relevant topic, use of specific terminology → 25-29;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse the relevant topic, make connections between the topics, ability to master the specific terminology and ability to present thoughtful arguments. → 30-30L

Teaching tools

The course is entirely computer-aided by means of PPT  presentations.

As a part of their preparation, students are encouraged to download the teaching materials that will be made available on the VLE.

Students who, for reasons related to disabilities or specific learning disorders require compensatory tools may inform the lecturer of their needs so that the most appropriate arrangements may be made.

Office hours

See the website of Lorenzo Maniscalco