HISTORY OF MEDIEVAL AND MODERN LAW
The course aims to provide the student with a knowledge of the interaction between legislation, doctrine and jurisprudence over the centuries that preceded the breakthrough of the codex linked to the French Revolution and in the decades that followed the revolutionary breakup. The intent is to gain an adequate awareness of the ways in which the legal class developed hermeneutical categories and conceptual tools suitable to affect the practice, emphasizing its role of social and political mediation. A completely clear role in the crucial subject of the judicial conflict, which will be the subject of discussion in a conspicuous part of the course. 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 that one intends to offer 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 monitored on a technical level, 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.
Knowledge of the fundamental lines of historical evolution in the medieval and modern age.
The course aims to provide the general features of European law between medieval and modern age, favoring a problematic perspective, which shows the connection of law with society and institutions, the relationship between the evolution of legal institutions and the history of ideas , the gap between the dogmatic level and the solutions of praxis. For the medieval part we will focus on the following crucial steps: the genesis of the institutes of Germanic rights, the role of the early medieval church, the reicentrism; the Bolognese rebirth of the scientia juris, the school of the Commentary, the communis opinio doctrinale. For the modern age the humanistic crisis will be analyzed, the formation of the Great Tribunals, the theorists of natural law, the Enlightenment instances, the codification process with particular regard to the Code Napoléon and the Germanic area, the Italian legal culture between Ancient and New Regime. A specific study will be devoted to southern jurisdictionalism in the age of the crisis of European consciousnes
First part (48 hours): General features of the historical-juridical evolution in the medieval and modern age.
Second part (24 hours): Southern jurisdictionalism in the crisis of European consciousness.
Lectures, an obvious foundation of historical-legal teaching, are complemented by seminars and seminars.
A) P. GROSSI, L'Europa del diritto, Laterza, Roma-Bari 2007 oppure G. PENE VIDARI, Lineamenti di storia giuridica, Giappichelli, Torino 2013 (capitoli da 1 a 9 e da 11 a 13).
B) D. LUONGO, Il giurisdizionalismo dei moderni. Polemiche anticurialistiche nella Napoli del §Preilluminismo, Giappichelli Torino 2018.
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