FOUNDATIONS AND HISTORY OF EUROPEAN LAW MODULE II
The course aims to provide a knowledge of the history of the Italian judiciary in the period after the Unit. To do this it is essential to weave the legal history with the political one, reading the vicissitudes of the jurisdictional apparatuses against the background of the profound changes that have characterized the organization of the public powers and the relations of the latter with the Italian society. Particular attention will be devoted to the way of conceiving the autonomy and independence of the judiciary. For this reason the ideological profiles of the debates that have characterized the life of the organized currents of the Italian magistracy will be treated, especially in the last decades.
I) Knowledge and ability to understand: Reading the documents elaborated in the congresses of the magistracy and in the conferences of the currents, as well as the periodical press, will integrate the knowledge of historiographical production concerning events that are very close in time. In this way it will be possible to reconstruct the forms of the organized presence of the Italaine judiciary against the background of political debates and of the social and ideological history of Italy.
II) Ability to apply knowledge and understanding: Among the topics that have animated the debates of the last decades there is the relationship between the magistracy and politics. To deal with it properly it is necessary to adopt a methodological approach that overcomes the contingency. Knowledge of the theoretical and ideological premises of the problem can allow students to acquire a critical awareness of the issue.
III) Autonomy of judgment: the study of history, inasmuch as it inserts the dogmatic datum in the social and political calendar, enhances the juridical autonomy of judgment: it allows him to consciously set the forms of his presence in the social context and to live in a non-parceled manner the legal specification. To this must be the teaching.
IV) Communication skills: The teaching is aimed at the formation of a jurist able to interact even with areas not strictly related to legal professions.
V) Learning skills: The ability to learn is stimulated by the reading of the most varied sources, including those not immediately attributable to the field of legal operators. In this way the student becomes accustomed to mastering languages and methods of argumentation beyond the specific sphere of technical-legal knowledge.
Knowledge of the fundamental features of the history of law and constitutional organization
The judiciary in the aftermath of the Unity. The ideology independence of the magistracy in republican Italy. The birth of currents
The teaching has as its object the evolution of the relations between the magistracy and the other powers of the State. Particular attention is given to the ideological profiles of the organized magistracy and to the dialectic between the currents.(hours 40).
Lectures, an obvious foundation of historical-legal teaching, are complemented by exercises and seminars.
O. Abbamonte (a cura di), Il potere dei conflitti. Testimonianze nella storia della magistratura italiana, Giappichelli, Torino 2015.
A traditional exam / interview lasting approx. 10/15 minutes, with final mark in thirtieths. object of the examination is the verification, on the basis of questions asked with reference to the contents of the recommended textbook, of the acquired perception of the fundamental characteristics of the main juridical schools and of the interaction between law, economy, society and institution.