History of Middle age and Modern Law
Aim of the course
The course will illustrate the process of formation of European law from the system of late ius commune to the age of modern and contemporary codifications.
The main purpose of the course is to demonstrate that the history of law represents an essential conceptual tool in the lawyer's training.
Syllabus
1. The system of ius commune: from the "legal renaissance" to the age of crisis.
2. Legal humanism.
3. The procedures of the major European courts.
4. Continental schools of natural law.
5. The age of legal enlightenment .
6. The emergence of the code concept.
7. Codification of law in France from the Revolution to the Napoleonic era.
8. Codification of law in the Hapsburg area.
9. The age of codes in Italy: from legislative unification to the age of decodification.
Examinations
An oral exam will be held at end of the course. Students who attend lectures can take an intermediate (written) test which will replace part of the final exam. For students who attend lectures, the exam will be based mainly on the lecture notes and reading recommended during lectures.
Reading list
Cavanna, A. , Storia del diritto moderno in Europa. 1. Le fonti e il pensiero giuridico, Giuffrè, Milan, 1998 (pp. 1-258; 269-282; 287-427).
Cavanna, A., Storia del diritto moderno in Europa. 2. Le fonti e il pensiero giuridico, Giuffrè, Milan, 2005 (pp. 71-167; 253-291; 395-473; 515-589).