The course aims to offer a formative path to analize the juridical profiles, regarding the birth and the enstabilishment of legal structures, the theoretical and pragmatical of substantial and processual law, with major attention given to the penal laws, from the early Middle Age to the beginning of the XIX century.
scheda docente
materiale didattico
In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:
M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)
M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)
Referral texts for attending students:
For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Programma
The course’s analitic lineaments will pursue a diachronic recognition of the justice’s evolution during various centuries, according to a non linear ermeneutic path and its whole empirical-practical experiences.In particular, the examination of the juridical system and the rituals that abide to the trial will take place in a non uniformal historical – juridical standard, which contemplate a compositive and extrajuridical resolution of conflicts, with afflictive penalties, and that will coexist until the beginning of the XIII century, with the birth of ordines iudiciarii and the strict formalization of the usual phases of the roman – canonical’s procedures.
It will be transformed in details by local laws, even though the trial’s general process will remain the same through centuries.
Next we will consider the newest changes and the firsts criminalistic science’s speculations which the Ancien Regime’s legal practice will refer to.
The course will also analize the new juridical system’s profiles, the usual normatives and the main istitutes that mark, in their gradual and progressive being, the second Modern Age until the last outcome deriving from the juridical enlightment, following an european path.
Testi Adottati
Referral texts for non-attending studentsThe lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Il programma comprende inoltre lo studio dei capitoli delle seguenti monografie:
M.VALLERANI, La giustizia pubblica medievale, Bologna, 2005(capp. I e II)
M.ASCHERI, Tribunali, giuristi e istituzioni, Bologna, 1989 (capp. I-II-III)
Referral texts for attending students:
For attending students the final exam will focus on the lecture notes indicated below. Alternatively students can write and discuss an essay about one of the topics covered during the course. The essay must be arranged with the professor.
The lecture notes indicated below will be provided directly by the professor following a request from the student, to be sent to the following email address: monica.chiantini@gmail.com
M. Ascheri, Profili dei tribunali dal Medioevo all’Età moderna
M. Chiantini, Note di diritto e procedura penale. Secoli XVI-XVIII
Modalità Erogazione
The lessons will take place in the traditional way. Specific themes's analysis will focus on the medieval and modern juridical sources. Frontal lessons will require an active partecipation and a constant exchange from students, therefore the acknowledgement and student's learning regarding the course's themes can be evaluated.Modalità Valutazione
For attending students the final oral exam will focus on lecture notes that are signaled at the link "Testi adottati e bibliografia" and on the close examinations of the themes that will be analyzed through the course's duration, in order to assess learning capabilities and critical and analitic sensibility of the students, also taking in consideration data sources and ancient texts given through the course. Alternatively, students will be allowed to redact and discuss publicly a paper, previously agreed with the professore, pertinent to the course's themes. The examination is focused on evaluate the student's attentive and accurate analysis of the chosen theme. For non-attending studends the oral exam will be structured in one or two questions regarding the program's texts. Evaluation parameters will correspond with the learning level and profound knowledge of the exam's subject.