24331 - History of Medieval and Modern Law (A-C)

Learning outcomes

Introducing students to the knowledge of institutions, civil law and statutes in the Italian peninsula from the beginning of Middle Ages down to the Modern Age is the aim of a course in History of Medieval and Modern Law. The goal of a historical approach must not be a superficial factual knowledge about more relevant information in legal history, but offering a means to understand the phenomenology of law and jurisprudence. As such, it proves invaluable in order to be more aware of what lies behind positive law and it is traditionally part of the education of the aspiring jurist.

Course contents

Whenever they are called to face the difficulties of their age, Western men and women look at history for an answer to their weariness and unrest. The present crisis of law has its roots in the contradictions in which the filiations of the Enlightenment, i.e. Marxism, libertine Radicalism, Neo-Kantianism, are nowadays deeply sunk. Having dropped the metaphysical promises which had acted beforehand as the foundation of ethics and law, our thoughts lack safe ground. Discriminating between truth and untruth, righteous and unrighteous has thus been made difficult, perhaps impossible.

The course will deal with relevant features of modern and contemporary jurisprudence and will compare them with the medieval and early modern approach. Their respective characteristics will be explained through the comparative study of both perspectives. As a result, actual ways out of the paralysing nihilism that is presently choking Western civilisation will be suggested.

Readings/Bibliography

Recommended and required reading will vary for learners attending and not attending classes.

 

Students who will attend classes very often will be assessed on the subjects dealt with by the teacher; M. BELLOMO, L'Europa del diritto comune, Roma, Il Cigno Galileo Galilei, 1999, pp. 45-234 is anyhow recommended reading, whenever students' notes are not sufficient.

A. PADOVANI, Perché chiedi il mio nome? Dio, natura e diritto nel secolo XII, Torino, Giappichelli, 1997 is strictly required reading for every student, but as to Part One, Chapter 5, Chapter 6, §§ 6-10 and Chapter 7 a run through will be sufficient.

 

For students not attending classes both M. BELLOMO, Società e diritto nell'Italia medievale e moderna, Roma, Il Cigno Galileo Galilei, 2002, pp. 3-18; 39-97; 105-193; 245-282; 288-351 and A. PADOVANI, Perché chiedi il mio nome? Dio, natura e diritto nel secolo XII, Torino, Giappichelli, 1997 are required reading.

Teaching methods

Teacher-centred class.

Assessment methods

Oral exam. The exam will focus on all the topics of the course that will be dealt with in recommended and/or required reading as well as during classes (for those who attended them, of course). Classes will be held approximately from February to May: students enrolled in the first year cannot take their exam before May.

Teaching tools

Teaching material available at http://blog.giuri.unibo.it/medievale/, laptop and projector.

Office hours

See the website of Andrea Padovani