20101271 - HISTORY OF MEDIOEVAL AND MODERN LAW

A. Curriculum generale:
The course aims at illustrating, through a critical approach, the long journey of European and Western legal history between the Late Antique and the Modern Period. Starting from a description of the social, political and economic context, the legal institutions will be analyzed in their historical dimension, focusing the attention on legislation, on jurisprudence, and on the effects they had on case law.
The main educational goals are:
1) To make students aware of the complexity of legal phenomena, which cannot be isolated from the social, political and economic context.
2) To verify the assumption according to which law is a product of history.
3) To invite students to problematize the study of legal disciplines.

B. Curriculum Servizi giuridici per la sicurezza territoriale ed informatica:
The course aims to provide a critical exegesis of the multidimensionality connoting the law history through a diachronic analysis encompassing the evolution of the legislative systems, the private institutes, the penal and procedural systems and the institutional models. Such examination is inextricably related to a reflection on the arduous and troublesome speculative route carried out with the purpose of balancing the emerging necessities of public safety with the preservation of the citizen and the community’s fundamental rights. From these premises descend, following a complex and nonlinear hermeneutic path, the profiles and the deep roots of the modern European legal systems. On these basic assumptions’ foundations, it is imperative to operate a constant comparison of the relational links existing between the current and specific juridical fields. Its aim will be the sharpening of the students’ comprehension and the hermeneutic analysis of the juridical factualities which since ancient times have interpenetrated themselves with the influences and historico-geographic, cultural, social, political and economic contexts that are inevitably bound to impact on the normative orders.

Curriculum

scheda docente | materiale didattico

Mutuazione: 20101271 STORIA DEL DIRITTO MEDIOEVALE E MODERNO in Scienze dei servizi giuridici L-14 R DI PAOLO SILVIA

Programma

The course aims to illustrate the creation of law in Europe by tracing in parallel the history of continental law and common law in England and North America, starting from the common root of Roman law and arriving at the end of the 19th century and the beginnings of modern European law.

Testi Adottati

Tamar Herzog, Breve storia del diritto in Europa. Dal diritto romano al diritto europeo, Bologna, Il Mulino, 2024, cap. I-XIII.
Tamar Herzog, A Short History of European Law. The Last Two and a Half Millennia, Cambridge, Mass., Harvard University Press, 2018, cap. I-XIII.
Tempi del diritto, a cura di Elio Tavilla, Torino, Giappichelli, 2025, cap. I-II.

Modalità Frequenza

During lectures, students attending the course are encouraged to formulate questions and express critical opinions.

Modalità Valutazione

The evaluation will be based on a final written exam (open-ended questions) aimed to verify the complete knowledge of the program.

scheda docente | materiale didattico

Programma

The course aims to illustrate the creation of law in Europe by tracing in parallel the history of continental law and common law in England and North America, starting from the common root of Roman law and arriving at the end of the 19th century and the beginnings of modern European law.

Testi Adottati

Tamar Herzog, Breve storia del diritto in Europa. Dal diritto romano al diritto europeo, Bologna, Il Mulino, 2024, cap. I-XIII.
Tamar Herzog, A Short History of European Law. The Last Two and a Half Millennia, Cambridge, Mass., Harvard University Press, 2018, cap. I-XIII.
Tempi del diritto, a cura di Elio Tavilla, Torino, Giappichelli, 2025, cap. I-II.

Modalità Frequenza

During lectures, students attending the course are encouraged to formulate questions and express critical opinions.

Modalità Valutazione

The evaluation will be based on a final written exam (open-ended questions) aimed to verify the complete knowledge of the program.