ID:
3/058
Duration (hours):
48
CFU:
8
SSD:
History of Mediaeval and Modern Law
Located in:
UNIVERSITÀ DEGLI STUDI DI NAPOLI "L'ORIENTALE"
Url:
POLITICAL SCIENCE AND INTERNATIONAL RELATIONS/Relazioni internazionali dell'Europa e delle Americhe Year: 3
Year:
2026
Overview
Date/time interval
Secondo Semestre (22/02/2027 - 28/05/2027)
Syllabus
Course Objectives
he educational objective of the course is the acquisition of knowledge about the history of Italian Law from the Medieval Age to the present.
EXPECTED LEARNING OUTCOMES
At the end of the course, students will be able to present the organisation of legal sources chronologically, from the early Middle Ages to the Republican Constitution; the development of legal science i.e. legal schools, scholars and authors, literary genres and the main legal works; main items and issues of legal culture over time; the interconnections between legal knowledge and other cultural expressions, such as literature and visual arts.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
Students must demonstrate their ability in interpreting legal texts by placing them within their historical and social contexts, and in the cultural milieu in which they were developed. This is to be achieved through the mastery of the theoretical and methodological tools necessary for the interpretation of historical and legal sources. They must demonstrate an awareness of the relativity of legal solutions and their transformation over time.
ADDITIONAL EXPECTED LEARNING OUTCOMES
Autonomy of judgment:
Students will be able to understand and critically discuss the results of scholarly studies in the field of history of law and will be able to integrate information from different sources, relating it to acquired knowledge.
Communicative skills:
The student will be able to communicate clearly and comprehensibly the basics of the discipline, be able to extract and synthesize relevant information, be able to communicate effectively and with the correct terminology both orally and in written form, and be able to summarize and disseminate information.
Learning skills:
Students will be able to understand and comment on a scholarly text in history of law and update the acquired skills by following scientific advances in the field.
EXPECTED LEARNING OUTCOMES
At the end of the course, students will be able to present the organisation of legal sources chronologically, from the early Middle Ages to the Republican Constitution; the development of legal science i.e. legal schools, scholars and authors, literary genres and the main legal works; main items and issues of legal culture over time; the interconnections between legal knowledge and other cultural expressions, such as literature and visual arts.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
Students must demonstrate their ability in interpreting legal texts by placing them within their historical and social contexts, and in the cultural milieu in which they were developed. This is to be achieved through the mastery of the theoretical and methodological tools necessary for the interpretation of historical and legal sources. They must demonstrate an awareness of the relativity of legal solutions and their transformation over time.
ADDITIONAL EXPECTED LEARNING OUTCOMES
Autonomy of judgment:
Students will be able to understand and critically discuss the results of scholarly studies in the field of history of law and will be able to integrate information from different sources, relating it to acquired knowledge.
Communicative skills:
The student will be able to communicate clearly and comprehensibly the basics of the discipline, be able to extract and synthesize relevant information, be able to communicate effectively and with the correct terminology both orally and in written form, and be able to summarize and disseminate information.
Learning skills:
Students will be able to understand and comment on a scholarly text in history of law and update the acquired skills by following scientific advances in the field.
Course Prerequisites
Good knowledge of the main events and processes of medieval, modern and contemporary history.
Teaching Methods
Frontal lectures characterized by strong interactivity will be used during which the active participation of students is required, as well as thematic in-depth studies on items proposed to the students, who in small groups will have to discuss, analyze and report back to the classroom on the results achieved.
Activities will be organized in:
30 hours: frontal lectures
12 hours: active learning
6 hours: exercises
Assessment Methods
The final examination will take place exclusively orally on the basis of the bibliography indicated for attending and non-attending students.
The examination will be designed to assess
1. the level of knowledge of the course contents (for attending students) and of the reference bibliography (for all);
2. the ability to apply the knowledge acquired to put a legal text in its context;
3. the ability to use technical terminology correctly.
The final evaluation is expressed in 30ths: excellent (30 and lode/ 30) excellent (29-27) good (26-23) sufficient (22-18) insufficient (< 18).
The evaluation will result from the average of the evaluations defined according to the following criteria:
1. consistency of presentation
2. completeness of information
3. correct use of specialist terminology
4. ability to apply analysis procedures.
Language of the examination: Italian.
Specific learning methods for attending students (written test, individual interview, written work, group presentation, etc.) may be used according to the teaching requirements of the course, in accordance with the regulations in force.
The examination will be designed to assess
1. the level of knowledge of the course contents (for attending students) and of the reference bibliography (for all);
2. the ability to apply the knowledge acquired to put a legal text in its context;
3. the ability to use technical terminology correctly.
The final evaluation is expressed in 30ths: excellent (30 and lode/ 30) excellent (29-27) good (26-23) sufficient (22-18) insufficient (< 18).
The evaluation will result from the average of the evaluations defined according to the following criteria:
1. consistency of presentation
2. completeness of information
3. correct use of specialist terminology
4. ability to apply analysis procedures.
Language of the examination: Italian.
Specific learning methods for attending students (written test, individual interview, written work, group presentation, etc.) may be used according to the teaching requirements of the course, in accordance with the regulations in force.
Texts
A text of your choice from the following
A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all’eta contemporanea, Bologna, Il Mulino 2007.
AAVV, Tempi del diritto. Età medievale, moderna, contemporanea, Torino (only the second or subsequent edition)
AAVV, Le danze di Clio e Astrea. Fondamenti storici del diritto europeo, a cura di Aldo Andrea
Plus a text of your choice from a list to be provided at the beginning of the course:
- Aldo Andrea Cassi, Ultramar. L'invenzione europea del Nuovo Mondo, Roma-Bari, Laterza, 2007
- Simona Feci, I criminalisti dello Stato della Chiesa. Famiglie, carriere e biblioteche (XVII secolo), Palermo, Palermo University Press (HLLH. History Law and Law History), 2023, p. 236 https://unipapress.com/book/i-criminalisti-dello-stato-della-chiesa/
- Simona Feci, L’acquetta di Giulia. Mogli avvelenatrici e mariti violenti a Roma nel Seicento, Roma, Viella, 2024
- Guido Rossi, Commercio e diritto in Inghilterra tra Cinque e Seicento, Roma, RomaTre-Press, 2023, https://romatrepress.uniroma3.it/libro/commercio-e-diritto-in-inghilterra-tra-cinque-e-seicento/
- I cardini della modernità penale dai codici Rocco alle stagioni dell’Italia repubblicana, a cura di Massimo Donini, Loredana Garlati, Marco N. Miletti, Renzo Orlandi, Roma, RomaTre-Press, 2023, https://romatrepress.uniroma3.it/libro/i-cardini-della-modernita-penale-dai-codici-rocco-alle-stagioni-dellitalia-repubblicana/
- Leggi razziali – Passato/Presente, a cura di Giorgio Resta, Vincenzo Zeno-Zencovich, Roma, RomaTre-Press, 2015, https://romatrepress.uniroma3.it/libro/leggi-razziali-passato-presente/
Historical and legal sources and materials will be made available to support the lessons and exam preparation. These will be accessible in the USEFUL RESOURCES section of the page: https://unifind.unior.it/get/person/012400.
There is no distinction between attending and non-attending students.
A. Padoa Schioppa, Storia del diritto in Europa. Dal medioevo all’eta contemporanea, Bologna, Il Mulino 2007.
AAVV, Tempi del diritto. Età medievale, moderna, contemporanea, Torino (only the second or subsequent edition)
AAVV, Le danze di Clio e Astrea. Fondamenti storici del diritto europeo, a cura di Aldo Andrea
Plus a text of your choice from a list to be provided at the beginning of the course:
- Aldo Andrea Cassi, Ultramar. L'invenzione europea del Nuovo Mondo, Roma-Bari, Laterza, 2007
- Simona Feci, I criminalisti dello Stato della Chiesa. Famiglie, carriere e biblioteche (XVII secolo), Palermo, Palermo University Press (HLLH. History Law and Law History), 2023, p. 236 https://unipapress.com/book/i-criminalisti-dello-stato-della-chiesa/
- Simona Feci, L’acquetta di Giulia. Mogli avvelenatrici e mariti violenti a Roma nel Seicento, Roma, Viella, 2024
- Guido Rossi, Commercio e diritto in Inghilterra tra Cinque e Seicento, Roma, RomaTre-Press, 2023, https://romatrepress.uniroma3.it/libro/commercio-e-diritto-in-inghilterra-tra-cinque-e-seicento/
- I cardini della modernità penale dai codici Rocco alle stagioni dell’Italia repubblicana, a cura di Massimo Donini, Loredana Garlati, Marco N. Miletti, Renzo Orlandi, Roma, RomaTre-Press, 2023, https://romatrepress.uniroma3.it/libro/i-cardini-della-modernita-penale-dai-codici-rocco-alle-stagioni-dellitalia-repubblicana/
- Leggi razziali – Passato/Presente, a cura di Giorgio Resta, Vincenzo Zeno-Zencovich, Roma, RomaTre-Press, 2015, https://romatrepress.uniroma3.it/libro/leggi-razziali-passato-presente/
Historical and legal sources and materials will be made available to support the lessons and exam preparation. These will be accessible in the USEFUL RESOURCES section of the page: https://unifind.unior.it/get/person/012400.
There is no distinction between attending and non-attending students.
Contents
his course explores the development of Italian law from the early Middle Ages to the present day. It illustrates the organisation of legal sources chronologically, from the medieval origins to the Italian Republican Constitution. It also examines the development of legal science in relation to the main political, social and economic transformations in Italy and internationally. This includes legal schools, scholars and authors, literary genres and the main legal works. The course also explores themes and issues that characterise legal culture over time (e.g. human rights, international law and legality). It also examines the interconnections between legal knowledge and other cultural expressions.
Great importance will be given to the reading of legal texts through the analysis and focus on 1) elements of continuity and transformation with respect to the stratification of sources and different contemporary legal cultures; 2) contacts and influences with contemporary intellectual production such as the political and philosofical ideas; 3) the relationship with current law.
These insights will demonstrate the international dimension and multifaceted influences of the knowledge developed within Italian legal currents and institutions, as well as its strategic importance for a full understanding of European past and present culture.
Main items:
1. Introduction to the course: Law in historical perspective and its sources
2. The legal science of the medieval schools and their texts
3. Roman-Canon Law and Statutory or other particular laws.
4. Doctrine and jurisprudence between the 15th and 17th centuries
5. National rights and common law in European early modern states.
6. Jusnaturalism and Human Rights
7. The Enlightenment and the Law of Revolutions
8. Codification
9. Constitutional Law in Totalitarism and Democratic political Experiences.
Great importance will be given to the reading of legal texts through the analysis and focus on 1) elements of continuity and transformation with respect to the stratification of sources and different contemporary legal cultures; 2) contacts and influences with contemporary intellectual production such as the political and philosofical ideas; 3) the relationship with current law.
These insights will demonstrate the international dimension and multifaceted influences of the knowledge developed within Italian legal currents and institutions, as well as its strategic importance for a full understanding of European past and present culture.
Main items:
1. Introduction to the course: Law in historical perspective and its sources
2. The legal science of the medieval schools and their texts
3. Roman-Canon Law and Statutory or other particular laws.
4. Doctrine and jurisprudence between the 15th and 17th centuries
5. National rights and common law in European early modern states.
6. Jusnaturalism and Human Rights
7. The Enlightenment and the Law of Revolutions
8. Codification
9. Constitutional Law in Totalitarism and Democratic political Experiences.
Course Language
Italian
More information
Non-attending students are strongly encouraged to contact me a few months before the exam session in which they intend to take the exam in order to receive instructions and useful suggestions for their preparation.
Degrees
Degrees
POLITICAL SCIENCE AND INTERNATIONAL RELATIONS
Bachelor's Degree
3 years
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Main module
History of Italian Law