law

The course will seek to illustrate the features of Ius Commune, both as a historiographical notion and as a legal phenomen in the historical experience of medieval and modern Europe. It is divided into two main units. In the first unit particular attention will be devoted to the concept of Ius Commune, the formation of a roman-canonical utrumque ius and the dialectic relationship between ius commune and iura propria. The “system” of the Ius commune will be analysed in a historiographical perspective. The second unit will be devoted to the analysis of some specifical institutions of the Ius commune in its “classical age”, trough the reading of legal sources Attending students will be examined on the basis of the lecture notes and any texts provided during the course. For non-attending students, knowledge of the following books is required: ― E. CORTESE, Il Rinascimento giuridico medievale, 2a edizione riveduta, Rome (Bulzoni) 1996, or (choice of the student) E. CORTESE, Il problema della sovranità nel pensiero giuridico medievale, Rome (Bulzoni) 1966, downloadable for free at this link: https://www.senato.it/sites/default/files/repository/EnnioCortese_Il%20problema%20della%20sovranit%C3%A0%20nel%20pensiero%20giuridico%20medioevale.pdf ― E. CONTE, Diritto comune, Bologna (il Mulino) 2009, downloadable for free at this link: https://www.academia.edu/42123753/Diritto_comune_Storia_e_storiografia_di_un_sistema_dinamico_Emanuele_Conte_il_Mulino_2009

The exam can be taken by students who have passed the exam of Storia del diritto italiano I.

Attending students will be examined on the basis of the lecture notes and any texts provided during the course. For non-attending students, knowledge of the following books is required: ― E. CORTESE, Il Rinascimento giuridico medievale, 2a edizione riveduta, Rome (Bulzoni) 1996, or (choice of the student) E. CORTESE, Il problema della sovranità nel pensiero giuridico medievale, Rome (Bulzoni) 1966, downloadable for free at this link: https://www.senato.it/sites/default/files/repository/EnnioCortese_Il%20problema%20della%20sovranit%C3%A0%20nel%20pensiero%20giuridico%20medioevale.pdf ― E. CONTE, Diritto comune, Bologna (il Mulino) 2009, downloadable for free at this link: https://www.academia.edu/42123753/Diritto_comune_Storia_e_storiografia_di_un_sistema_dinamico_Emanuele_Conte_il_Mulino_2009

The teaching activity is mainly composed of lectures. During the semester attending students may ask to be involved in small groups from three to five people, who debate the topics covered in class, under the guidance of the teacher. At this stage, the teacher has the opportunity to check the knowledge and understanding of the subject by the students, and therefore provides them with advices to improve learning in view of the final exam.

Non-attending students have to study the texts indicated, and may contact the teacher for any explanations, which are provided in the scheluded consulting hours.

The final oral exam is aimed at verifying that the student understands and is able to critically examine the topics. For this purpose, the exam takes place through broad questions, that are gradually made more specific, depending on the answers. The acquisition of fundamental notions of the discipline, the understanding of the key features in every legal phenomenon studied, the ability to contextualize the latter in the correct space, time and cultural context (that is legal system, century, scientific tendency) are considered essential for the purpose of a positive evaluation. The mark is expressed in thirtieth. To pass the exam, having a minimum mark of eighteen/thirty, the student must demonstrate a sufficient knowledge of the topics, and of being able to contextualize them with sufficient accuracy; the score 30/30 cum laude is assigned to the student who demonstrates to have acquired an excellent knowledge of all the topics covered during the course and to be able to contextualize them appropriately. In addition, attending students can undergo intermediate checks during the semester. After the first few weeks, they may ask to be involved in small groups, who debate the topics covered in class, under the guidance of the teacher. At this stage, the teacher has the opportunity to check the knowledge and understanding of the subject by the students, and therefore provides them with advices to improve learning in view of the final exam.

Further bibiography is available on the e-learning website.

The teaching activity is mainly composed of lectures. During the semester attending students may ask to be involved in small groups, who debate the topics covered in class, under the guidance of the teacher. At this stage, the teacher has the opportunity to check the knowledge and understanding of the subject by the students, and therefore provides them with advices to improve learning in view of the final exam.