Storia del diritto medievale e moderno - ENG

LEGAL MEDIEVAL AND MODERN HISTORY

Prof. Federico Alessandro Goria

Course Code: E0320
Subject code: IUS 19
9 ECTS – 72 hours
Location: Novara


Educational aims

The aim of the course is to provide students with the basic knowledge to understand the evolution of the legal phenomenon and its gradual expansion in many areas of social life from the Middle Age to the threshold of modernity.


Content of the course

The course will be divided in two parts.

First part:

Introduction to legal history and the evolution of institutions over time
Crisis of the Roman Empire, relations with the Christian phenomenon
Roman-Barbarian Legislation
Customs of the Barbarians
Italy and the Barbarians: Goths (Edict of Theodoric and public organization)
The compilation of Justianian in the East and its extension to Italy
Italy and the Barbarians: Longobards (edicts of the kings, criminal and matrimonial law, organization of the kingdom)
Rise of the papal monarchy and her relations with the Frankish kingdom
Birth of Holy Roman Empire
Feud (birth and evolution)
The Investiture Controversy
Birth of the University
School of Glossatori and training of the first collections of canon law
Evolution of the “commune”, its relations with the Empire, theories of statutory authority
School of Commentatori
Relationship between common law and national law (France, the Netherlands, Spain and Germany)
Birth and development of the English common law
Consiliatores
Birth and evolution of the Great Courts
Legal humanism
Development of absolutism (France, the House of Savoy)
Ordinances of Louis XIV
Ordinances of Louis XV and subsequent consolidations
Natural law (Grotius, Hobbes, Locke, Pufendorf, Leibniz)
The French school: Domat and Pothier
The Enlightenment: Montesquieu and Rousseau
The French Revolution and the first constitutions
Napoleonic age: the constitution of 1799 and those of Cispadana and Cisalpine Republics
Allgemeine Landrecht of 1794
French Civil Code of 1804
Opposition to codification: the historical school of von Savigny
The Restoration in Italy
The policy of Carlo Alberto: Codes and Statutes
Pre-unification law
Legislation of the Kingdom of Italy
Fascism and the law

Second part:

The medieval merchant: organisation of the “compagnia”
The bankruptcy
Business contracts
Bank loan and the usury problem


Prerequisites

No one


Course Texts

G.S. PENE VIDARI, "Storia del diritto. Età medievale e moderna", Giappichelli, Torino 2011 This book is available in the library
G.S. PENE VIDARI, "Storia del diritto. Età contemporanea", Giappichelli, Torino 2012 This book is available in the library


U. SANTARELLI, Mercanti e società tra mercanti, Giappichelli, Torino 1998. This book is available in the library

Further informations can be found in the web page of the course at the URL:
">https://eco.dir.unipmn.it/course/search.php?search=storia+del+diritto


Teaching methods

Lessons


Examination

Oral examinations