Università Roma Tre

The course is institutional in nature and aims to illustrate the long journey that has determined the juridical dimension in the modern European and western world. From the identification of social and political problems gradually emerging during the different historical periods and from the analysis of the choices of the various political authorities, the institutional and technical-juridical creations will be examined, highlighting the original contribution offered from time to time from legal thought. Particular attention will be given to the justice systems implemented in different historical periods and in different political and social contexts. The course consists of the following 3 modules:

Module 1 (3 cfu) - Late Antiquity and Early Middle Ages: law and society from the sunset of the Roman Empire to the construction of Christian Europe.
The empire is transformed: economy, tax, army and society. The religious problem. The vulgarization of the Jura and the institutions of the vulgar law. The advent of Christianity. Early Christian communities. From Milan to Thessaloniki. The justice of Christians. The barbarians outside and inside the empire: from the militia foederata to the Roman-barbarian kingdoms. The Ostrogoths in Italy. Justinian. The Lombard kingdom. The renovatio imperii. The historical formation of the feud. The church and its right. Roman law as usual. The II renovatio imperii from Otto I to Henry III. Gregorio VII. The pre-Roman world.

Module 2 (4 cfu) - From glossators to legal humanism: birth and features of modern legal science.
The figure of Irnerio between myth and reality. The recovery of the tense and the role of aequitas. Schools of glossators: methods and contents. Common law and concurrent rights. Classical canon law and the system of utrumque ius. The Roman-canonical process. The Kingdom of Sicily from the Normans to the Angevins. The problem of sovereignty. The school of commentators. Consultant jurisprudence, communis opinio and large courts. Legal humanism in France. The construction of national rights in Europe.

Module 3 (3 cfu) - Law in modern Europe.
The "new world". The school of Salamanca. The Protestant Reformation. Contractualism. Hobbes. The natural law theory. Grozio and Pufendorf. The Baroque age in Italy. De Luca. Bricklayers. The legal enlightenment from Montesquieu to Rousseau. The eighteenth-century compilations. The French Revolution: The Code Napoléon. The school of exegesis. The nineteenth century in Germany. Between liberalism and nationalism. Colonial law. The origins of labor law. The science of criminal law and that of public law in Italy

- E. Cortese, Le grandi linee della storia giuridica medievale, Il Cigno ed., Roma 2000 (per la parte medievale)
- M. Ascheri, Introduzione storica al diritto moderno e contemporaneo, Giappichelli ed., Torino 2008 (per la parte moderna)

The Course Program
For the history of Medieval and Modern thought, law represents a very important key to understanding the making of power and institutions set up by the European societies. Through the study of the rules (ordinamenta), of the abstract thinking developed on them (legal treatises) and of the legislation and procedures practiced in law courts from the Middle Ages to the Modern World, the course aims at providing students with a perspective of medieval and modern legal-political thought.
Structure of the Course
First section (3 crediti): vulgarization of classical legal culture during the centuries 4th- 6th as a consequence of the internal and external transformations of the Roman Empire; transition from a territorial to a personal concept of power, and therefore of law, during the centuries of meeting and clash of Roman and Barbarian cultures (centuries 5th-9th).

Second section (4 crediti): the Gregorian Reform and the search of legitimacy of the universalistic claims of Medieval Church and Empire (11th century); the rediscovery of Roman Law in the background of the cultural and philosophical Renaissanche of the 12th and 13th century; Medieval Scholastic culture and Humanist ideals: development of the Common Law in Europe towards the end of the Middle Ages and the beginning of the Early Modern period (14th-16th century).

Third section (3 crediti): Legal thought in Modern World: formation of nation-states and codification, juridical trends in the European cultures of the 19th century.

Texts:
1. CORTESE E., Le grandi linee della storia giuridica medievale, Roma, Il Cigno, 2000.
2. M. Ascheri, Introduzione storica al diritto moderno e contemporaneo, Seconda edizione riveduta, Torino, Giappichelli, 2008

THE COURSE AIMS TO DEFINE THE DEVELOPMENT OF LEGAL HISTORY IN EUROPE FROM THE MIDDLE AGES TO THE 20TH CENTURY.

1) M. Caravale, Diritto senza legge. Lezioni di diritto comune, Torino, Giappichelli, 2013
2) M. Caravale, Storia del diritto dell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2012 (escluso cap. I - "L'eredità del Medioevo")
3) P. Alvazzi del Frate, Il costituzionalismo moderno, Torino, Giappichelli, 2007