The programme has a special feature and is intended to deepen, through the reading of the sources, techniques of legal reasoning developed by Roman jurisprudence and their influence on European scientia iuris.
Canali
scheda docente
materiale didattico
To this end, the course is divided into two modules, one general and one monographic.
The general module focuses on the study of the sources of Roman law, from the ancient period to the compilation of Justinian, in their dual role as sources of knowledge and sources of law.
The attention will be particularly focused on the role of Roman jurisprudence, as a driver of productive law and a filter between the sources of law and practice. Specific insights you have on the methodology of interpretation of ‘creative jurisprudence’ with the analysis of the method by studying the texts of the Roman literature .
The special module, focusing on the analysis of one or more ' institutions ' or ' problem areas ', will focus on the analysis of the solutions, as a kind of case law, on law of obligations.
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano, Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012 (excepted Cap. IV ai paragrafi 2; 3.3; 3.4; 4; 5 only for the texts indicated in the classroom; 7 e 8)
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
The description of the parties that will not be the subject of study will be carried out during the course.
Class attendance is recommended.
The program for non-attending focuses on the study of texts :
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano. Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012.
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
Programma
The course of Roman law has monographic approaches and it is directed to explore the techniques of legal reasoning developed by Roman jurisprudence and their contribution in the construction of modern legal science.To this end, the course is divided into two modules, one general and one monographic.
The general module focuses on the study of the sources of Roman law, from the ancient period to the compilation of Justinian, in their dual role as sources of knowledge and sources of law.
The attention will be particularly focused on the role of Roman jurisprudence, as a driver of productive law and a filter between the sources of law and practice. Specific insights you have on the methodology of interpretation of ‘creative jurisprudence’ with the analysis of the method by studying the texts of the Roman literature .
The special module, focusing on the analysis of one or more ' institutions ' or ' problem areas ', will focus on the analysis of the solutions, as a kind of case law, on law of obligations.
Testi Adottati
The program for attending students will deal with the support of the following texts:L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano, Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012 (excepted Cap. IV ai paragrafi 2; 3.3; 3.4; 4; 5 only for the texts indicated in the classroom; 7 e 8)
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
The description of the parties that will not be the subject of study will be carried out during the course.
Class attendance is recommended.
The program for non-attending focuses on the study of texts :
L. VACCA, La giurisprudenza nel sistema delle fonti del diritto romano. Seconda edizione riveduta ed ampliata, Giappichelli, Torino, 2012.
and
B. CORTESE, Pagamento di indebito e tutela restitutoria, Jovene, Napoli, 2022
Modalità Erogazione
frontal teachingModalità Frequenza
free but raccomandedModalità Valutazione
Written exam. Only for the attending students there will be an intermediate text on the first part of the course. The attendence will be texted through roll call and singnatures
scheda docente
materiale didattico
General Part
This part will focus on the analysis, through the reading of the sources, of the structure of production of sources of law in different historical periods of the evolution of Roman Law, particularly with regards to the activities of Jurists and to their argumentative techniques.
Specific Part
This part, whose focus is the problem solving, is intended to deepen, through examination of some cases reported in the responsa prudentium, techniques of legal reasoning developed by Roman jurisprudence particularly with regards to casistic method.
VACCA L., La giurisprudenza nel sistema delle fonti del diritto romano. Corso di lezioni, II edizione riveduta ed ampliata, Giappichelli, Torino, 2012
Special Part
Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino, 2018
The students who attend the class have to integrate the study of the recommended texts with the notes of the frontal lessons and seminars and for these students a particular programme can be provided according to the contents of the frontal lessons and the indications of the Professor.
Programma
The course programme consists of two parts: a general part and a specific part.General Part
This part will focus on the analysis, through the reading of the sources, of the structure of production of sources of law in different historical periods of the evolution of Roman Law, particularly with regards to the activities of Jurists and to their argumentative techniques.
Specific Part
This part, whose focus is the problem solving, is intended to deepen, through examination of some cases reported in the responsa prudentium, techniques of legal reasoning developed by Roman jurisprudence particularly with regards to casistic method.
Testi Adottati
General PartVACCA L., La giurisprudenza nel sistema delle fonti del diritto romano. Corso di lezioni, II edizione riveduta ed ampliata, Giappichelli, Torino, 2012
Special Part
Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino, 2018
The students who attend the class have to integrate the study of the recommended texts with the notes of the frontal lessons and seminars and for these students a particular programme can be provided according to the contents of the frontal lessons and the indications of the Professor.
Bibliografia Di Riferimento
The main reference bibliography is indicated in the recommended texts. A specific bibliography can be recommended to explore topics of particular importance.Modalità Erogazione
The executive of the programme consists of the following activities: frontal lessons, seminars of visiting Professors, basic knowledge review exercises and for the students who attend the class practice exercises on casistic topics. Any chances of course execution will be promptly communicated to the students.Modalità Frequenza
The frequency, even optional, is recommended.Modalità Valutazione
The assessment methods, which follow, completely replace those already communicated, and therefore students are urged to carefully review them. The examination consists of a two-hour written test, the content of which differs depending on whether one is a frequent or a non-attending student. For frequent attendees, the written test includes some open questions (two on the general part, one/two on the special part) on topics from the general and special part of the program covered during the lectures and seminars and aims to test the level of knowledge, expository skills in written form and critical interpretation of the sources examined during the lectures and seminars. Attendance remains valid for all examination sessions in the present academic year. For non-attenders, the written test includes a number of open questions (two on the general part, one/two on the special part) on topics from the general and special part of the program examined in the texts recommended for exam preparation and aims to test the level of learning, expository skills in written form and textual interpretation. Further details about the examination may be communicated to students at lectures and where necessary via email on the institutional email address (@stud.uniroma3.it) through the GOMP system. In the days following the holding of the exam, the results are communicated to students via email on the institutional email address (@stud.uniroma3.it) through the GOMP system. From the date of publication of the results, a 7-day period begins within which the student may reject the grade by express communication to the institutional email address of the Lecturer giulietta.rossetti@uniroma3.it. Once this deadline has expired, the grade is understood to be accepted and is definitively verbalized. Erasmus supplementary examinations: are conducted in written form and involve an open question on topics from the program agreed with the Lecturer. The duration of the written test is one hour.