COMMON LAW
Academic year and teacher
If you can't find the course description that you're looking for in the above list,
please see the following instructions >>
- Versione italiana
- Academic year
- 2020/2021
- Teacher
- FRANCESCO D'URSO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/19
Training objectives
- The course provides the knowledge of the main methodological problems of legal historiography through the long-term analysis of case studies and specific legal institutions. The target is to let the students achieve the capacity to interpret and contextualize medieval and modern legal sources, by a process of historicization and critical analysis of their political as well as institutional bases.
Prerequisites
- Good knowledge of Italian language and of the fundamentals of private law.
Course programme
- The course examines the essential characteristics of the legal system of continental Europe between the twelfth and the nineteenth centuries by pinpointing its peculiarities as well as differences with the codified law system.
Paying attention to different historiographical theories, the first part of the course will be focused on: (1) the ius commune theory of legal sources; (2) the formation and apogee of ius commune between the 12th and 15th centuries; (3) the ius commune during the era of absolutism; (4) the crisis of ius commune. The second part of the course will be dedicated, through seminars and workshop, to the study of the dialectic between ius commune and the new ‘civil common law’ in the codification era. Specific issues will be examined, such as contract, non-contractual-liability, family law, and the legal condition of women. Didactic methods
- Lectures; discussion of reports given by students on specific subjects.
Learning assessment procedures
- Oral exam at the end of the course and assessment of the reports.
Reference texts
- For those students who attend classes, the exam will be based on the subjects discussed during classes and on the texts and sources available on the website of the course.
For those students who have not attended classes, the program is as follows:
Mario Caravale. Diritto senza legge. Lezioni di diritto comune, Torino, Giappichelli, 2013.
Students interested in specific subjects can ask for a different program.
