History of Mediaeval and Modern Law

Gian Paolo TRIFONE History of Mediaeval and Modern Law

0160100095
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2016/2017

OBBLIGATORIO
YEAR OF COURSE 1
YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
981LESSONS


Objectives
OBJECTIVES: THE COURSE PROVIDES STUDENTS WITH KNOWLEDGE OF THE ESSENTIAL LINES OF THE PROCESSES OF FORMATION AND CONSOLIDATION OF LEGAL PHENOMENA IN THE MIDDLE AGES AND MODERN AND PROMOTE THE STUDENT'S ABILITY TO MAKE A CRITICAL COMPARISON BETWEEN THE OLD LAW AND POSITIVE LAW, WITH PARTICULAR REGARD CONSTITUTIONAL CHANGES TO THE LEGAL SYSTEM, LAW ACTIVITY, THE PROTECTION OF LEGAL RIGHTS FROM A HISTORICAL PERSPECTIVE, TAKING INTO ACCOUNT THE DEVELOPMENT OF EUROPEAN LAW SINCE THE FOUNDING OF THE HOLY ROMAN EMPIRE UNTIL THE EARLY CODIFICATIONS OF THE NINETEENTH CENTURY. WE TEND, THEREFORE, TO SEIZE THE CREATIVE ELEMENTS OF THE ITALIAN AND EUROPEAN LEGAL: COMMON LAW, LEGISLATION, JUDICIAL INTERPRETATION, CONSOLIDATION AND CODIFICATION.
KNOWLEDGE AND UNDERSTANDING: THE OBJECTIVE OF THE COURSE IS TO ACQUIRE A GENERAL KNOWLEDGE OF THE MAIN FORMS OF GOVERNMENT AND REGULATORY AND LEGAL REGIME THAT SUCCEEDED THE MEDIEVAL AND MODERN EXPERIENCE, ALLOWING YOU TO UNDERSTAND THE WORKINGS OF THE VARIOUS LEGAL INSTITUTIONS. IT ALSO AIMS TO PROMOTE THE ACQUISITION OF AN ADEQUATE LEGAL LEXICON, AS WELL AS TO GAIN A GENERAL UNDERSTANDING OF THE MAIN PHENOMENA OF EXPERIENCE MEDIEVAL AND MODERN LEGAL, WHICH IS THE COMMON HISTORICAL ROOTS OF TODAY'S SYSTEMS BASED ON THE TRADITION OF THE "CIVIL LAW" AND "COMMON LAW".
APPLYING KNOWLEDGE AND UNDERSTANDING: THE AIM OF TEACHING IS TO DEVELOP THE STUDENTS' ABILITY TO CRITICALLY ANALYZE AND INTERPRET AND DIACHRONIC THE "REASONS" FOR THE MEDIEVAL AND MODERN LAW, PARTICULARLY WITH REGARD TO THE INSTITUTES OF THE JUSTINIAN CORPUS JURIS FILTERED THROUGH THE MANY CUSTOMS THE IURISDICTIO AND JUDICIAL PRACTICE OF THE LEGAL SYSTEMS OF THE OLD REGIME.
Prerequisites
NONE
Contents
FROM THE CRISIS OF THE HOLY ROMAN EMPIRE TO THE ILLUMINISM IN EASTERN CONTINENTAL LEGAL.
Teaching Methods
THE TEACHING CONSISTS OF 81 HOURS OF LESSONS.
Verification of learning
EXAM WILL TAKE PLACE IN ORAL. THE ASSESSMENT OF THE EXAMINATION TO BE HELD STATEMENT OF CAPABILITIES AND EXHIBITION IN PARTICULAR PROPERTY OF LANGUAGE STUDENT OF KNOWLEDGE OF TOPICS AND INDICATED IN THE COURSE OF REASONING ABILITY TO QUESTION WITH RESPECT TO PLACE, WITH PARTICULAR ATTENTION TO THE FOLLOWING ELEMENTS: A) AUTONOMY JUDGING: ACQUISITION OF CRITICAL ANALYZE THE LEGAL SOURCES CAPACITY, THROUGH THE STUDY OF LEGAL IMPACTS DIACHRONIC; B) COMMUNICATION SKILLS: ACQUISITION OF AN APPROPRIATE LEGAL LEXICON; C) CAPACITY OF LEARNING: LEARNING THE MAIN HERMENEUTICAL LAW AND LEGAL ARGUMENT OF TECHNICAL.
Texts
A. CAVANNA, STORIA DEL DIRITTO MODERNO IN EUROPA, I, LE FONTI E IL PENSIERO GIURIDICO, GIUFFRÉ, MILANO 1982, ESCLUSI LE PP. 410-478 E LE PP. 547-610.
I.DEL BAGNO, THEATRUM IUSTITIAE. ATTI DI UN’ACCADEMIA GIURIDICA NELLA NAPOLI DEL TARDO SETTECENTO, LAVEGLIA&CARLONE, BATTIPAGLIA 2010, PP. III-CXVII.
More Information
THE TEACHING IS DESIGNED TO STUDENTS ATTENDING REGULARLY .
STUDENTS WHO CAN NOT ATTEND WILL PREPARE A PROGRAM PARTLY DIFFERENT AND WILL ALWAYS SEEK THE TEACHER FOR ADDITIONAL EXPLANATION .
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