Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2017/2018
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Location: 
Napoli
Disciplinary sector: 
HISTORY OF MEDIEVAL AND MODERN LAW (IUS/19)
Language: 
Italian
Credits: 
9
Year of study: 
1
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
72

Language

Italian

Course description

The acquisition of
basic skills
historical-juridical ones indispensable for the initiation
learning
university
specialist in law. Through historical precedents, students will be offered instruments to critically read today's forms of the presence of the legal class in social and political life.
I) Knowledge and understanding: We need to ask critical questions that favor the dialogical interaction of students in order to provide a problematic view of the history of legal experience, students will be guided in reading the most significant texts of legal historiography, in in order to understand the diversity of the points of view on the basis of which it has assessed the crucial passages in the history of law and the connection between the problematic nature of those points of view and the ways of looking at the legal experience of the present.
II) Ability to apply knowledge and understanding: Teaching has as its main axis the reconstruction of the genesis of legal formalism, its ideological roots and its political impact. It tends to show the failures caused by formalism in the life of law and institutions. The practical aim of this approach is the formation of a modern jurist who eschews juridical formalism, and is able to make use of the contributions of the social sciences different from the juridical one and pursues the objective of the efficiency of the juridical system.
III) Autonomy of judgment: The critical reading of the history of the legal experience to be offered must tend to stimulate in the student the ability to read the events of the present in light of those of the past, highlighting the stickiness of mental habits dating back to the same time the potential that the historical awareness of their genesis offers to their overcoming. Ultimately, teaching must tend towards the formation of a conscious jurist. And the premise of that critical awareness is the autonomy of judgment that can be offered by an integral historicization of the role of the legal class.
IV) Communication skills: The historicization of legal categories must aim at the acquisition of a language that is technically supervised, but at the same time open to the communicative modalities of knowledge other than legal.
V) Learning skills: The ability to learn is stimulated by the comparison between historiographic trends and the problematization of evolutionary paths that, seen in formalistic terms, are characterized by continuity, while, examined in historical terms, they reveal alternatives due to conflicting interests and divergent ideological options

Prerequisites

Knowledge of the fundamental lines of historical evolution in the medieval and modern age.

Syllabus

The course aims to provide general features of the law
European between medieval and modern age, favoring one
problematic perspective, showing the connection of the
right with society and institutions, the relationship between
the evolution of the isti
legal protection and the history of ideas, the
gap between the dogmatic level and the solutions of practice. For
the medieval part will focus on the following passages
crucial: the genesis of the institutes of Germanic rights, the role
of the altomediev church
ale, reicentrism; the rebirth
Bolognese of the
scientia juris
, the school of the Commentary, the
communis opinio
doctrinal. For the modern age they will be
analyzed the humanistic crisis, the formation of the Great
Tribunals, the theorists of natural law, the ista
nze
enlightenment, the codification process with particular
about the Code Napoléon and the Germanic area, culture
Italian legal system between the Old and the New Regime.

First part (36 hours): General features of historical-juridical evolution in the Middle Ages
Particular attention is given to some historiographical nodes that emerged in the debates of recent years: for example, the personality of the law and the permanence of a conception of the law in the Carolingian institutional structures. A wide examination is dedicated to the crucial theme of common law and the different versions of that phenomenon provided by historiography.
Second part (36 hours): For the modern age will be
analyzed the humanistic crisis, the formation of the Great
Tribunals, the theorists of natural law, the ista
nze
enlightenment, the codification process with particular
about the Code Napoléon and the Germanic area, culture
Italian legal system between the Old and the New Regime.

Teaching Methods

Lectures, an obvious foundation of historical-legal teaching, are complemented by seminars and seminars.

Textbooks

P. GROSSI, L’ordine giuridico medievale,
Laterza, Roma-Bari 1995 ;
G. PENE VIDARI, Lineamenti di storia
giuridica, Giappichelli, Torino 2013 (tutto) o,
in alternativa, I.
BIROCCHI, Alla ricerca dell’ordine. Fonti e
cultura giuridica nell’età moderna,
Giappichelli, Torino 2002.

Learning assessment

A traditional exam / interview, lasting approx. 15/20 minutes, with final vote in thirty-five.
The purpose of the examination is to verify, on the basis of questions posed with reference to the contents of the suggested textbooks, the perceived perception of the fundamental characters of the main legal schools and of the interaction between law, economics, society and institution

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