Margherita SCOGNAMIGLIO | ROMAN CRIMINAL LAW
Margherita SCOGNAMIGLIO ROMAN CRIMINAL LAW
cod. 0160100045
ROMAN CRIMINAL LAW
| 0160100045 | |
| DEPARTMENT OF LAW | |
| EQF7 | |
| LAW | |
| 2024/2025 |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| AUTUMN SEMESTER |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/18 | 8 | 72 | LESSONS |
| Objectives | |
|---|---|
| GENERAL GOAL: THE COURSE IN ROMAN CRIMINAL LAW AIMS TO PROMOTE IN THE STUDENT THE KNOWLEDGE AND UNDERSTANDING OF ROMAN CRIMINAL LAW, THROUGH THE STUDY OF CRIMES AND PROCEDURAL SYSTEMS THAT HAVE OCCURRED THROUGHOUT THE COURSE OF ROMAN LEGAL EXPERIENCE. IT IS ALSO INTENDED TO PROMOTE THE STUDENT'S ABILITY TO CONFRONT LEGAL EXPERIENCES DISTANT IN TIME, WITH SPECIFIC REFERENCE TO THE HISTORY OF CRIMINAL LAW. KNOWLEDGE AND UNDERSTANDING SKILLS: THE PURPOSE OF THE COURSE IS TO PROVIDE THE STUDENT WITH A THOROUGH KNOWLEDGE OF ROMAN CRIMINAL LAW, THROUGH THE CRITICAL STUDY OF ANCIENT LEGAL AND LITERARY SOURCES. IN PARTICULAR, THE STUDENT WILL LEARN THE HISTORICAL PATH THAT LED TO THE DEVELOPMENT OF THE CATEGORY "CRIMINAL LAW" AND THE DISTINCTION BETWEEN SO-CALLED PRIVATE CRIMINAL LAW AND SO-CALLED PUBLIC CRIMINAL LAW OR (SIMPLY) CRIMINAL LAW. FOR EACH HISTORICAL PERIOD THROUGH WHICH ROMAN LEGAL EXPERIENCE DEVELOPED, THE SOCIO-POLITICAL CONTEXTS, THE IDENTIFICATION OF THE MAIN CRIMINAL OFFENSES AND THE PROCEDURAL SYSTEMS USED TO ASCERTAIN THE CRIME AND IMPOSE THE PENALTY WILL BE EXPLORED. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: THE AIM IS TO PROVIDE THE STUDENT WITH FULL AWARENESS OF THE HISTORICITY OF THE LEGAL PHENOMENON IN RELATION TO THE HISTORICAL DEVELOPMENT OF CRIMINAL LAW, REFINING THE ABILITY TO HISTORICALLY CONTEXTUALIZE LEGAL ISSUES AND CRITICALLY ANALYZE SOURCES. AUTONOMY OF JUDGMENT: THE STUDY OF ROMAN CRIMINAL LAW WILL ALLOW THE STUDENT TO ACQUIRE AND IMPROVE THE TECHNIQUES OF INTERPRETATION OF LEGAL PHENOMENA, THROUGH THE EVALUATION OF THE HISTORICAL CONTEXT AND THE CRITICAL EXAMINATION OF SOURCES. COMMUNICATION SKILLS: THE STUDY OF ROMAN CRIMINAL LAW WILL FAVOR THE LEARNING OF LEGAL LEXICON RELATING TO SUBSTANTIVE AND PROCEDURAL CRIMINAL MATTERS. IN ADDITION, THE STUDENT, THROUGH THE STUDY OF THE INTERPRETATION TECHNIQUES OF LAW USED BY ROMAN JURISTS AND RHETORICIANS IN THE FIELD OF ROMAN CRIMINAL LAW, WILL IMPROVE AND REFINE THEIR OWN ARGUMENTATIVE SKILLS. LEARNING SKILLS: THROUGH THE STUDY OF ROMAN CRIMINAL LAW, THE STUDENT WILL IMPROVE THEIR CRITICAL ANALYSIS SKILLS OF SOURCES, LEARN TO CARRY OUT AND MAKE USE OF BIBLIOGRAPHIC RESEARCH AND IMPROVE THEIR ABILITY TO ANALYZE LEGAL TEXTS, APPRECIATING THEIR HISTORICAL CONTEXT. |
| Prerequisites | |
|---|---|
| NONE |
| Contents | |
|---|---|
| PERIODIZATION (2 HOURS) CRIMINA AND DELICTA (6 HOURS) CRIMINAL PUNISHMENT IN ARCHAIC AGE. THE ROYAL LAWS. SACERTAS (8 HOURS) THE XII TABLES (6 HOURS) PROVOCATIO AD POPULUM (4 HOURS) CRIMINAL PUNISHMENT IN REPUBLICAN AGE: COMITIAL TRIALS, QUAESTIONES EXTRA ORDINEM, QUAESTIONES PERPETUAE. THE SINGLE CRIMES AND SANCTIONS (14 HOURS) RHETORIC AND LAW (4 HOURS) CRIMINAL PUNISHMENT IN IMPERIAL AGE: THE SENATORIAL COGNITIO, THE POWERS OF THE PRINCEPS, IMPERIAL OFFICIALS. THE SINGLE CRIMES AND PUNISHMENTS (10 HOURS) CRIMINAL PUNISHMENT IN LATE ANTIQUITY. CRIMES AND PUNISHMENTS (10 HOURS) PLAGIUM (8 HOURS) |
| Teaching Methods | |
|---|---|
| THE COURSE IS HELD IN THE FIRST SEMESTER AND INCLUDES 72 HOURS OF LECTURES AND EXERCISES AIMED AT PERIODICALLY VERIFYING STUDENT LEARNING. |
| Verification of learning | |
|---|---|
| THE EXAM WILL BE ORAL. IN EVALUATING THE EXAM, THE STUDENT'S ABILITY TO EXPRESS THEMSELVES, PARTICULARLY IN TERMS OF THEIR COMMAND OF THE LANGUAGE, THEIR KNOWLEDGE OF THE TOPICS INDICATED IN THE COURSE SYLLABUS, AND THEIR ABILITY TO REASON IN RELATION TO THE QUESTION POSED, WILL BE TAKEN INTO ACCOUNT. PARTICULAR ATTENTION WILL BE PAID TO THE FOLLOWING ELEMENTS: A) AUTONOMY OF JUDGMENT; B) COMMUNICATION SKILLS; C) LEARNING ABILITY. THE MINIMUM SCORE (18/30) IS ACHIEVED BY THE STUDENT WHO IS ABLE TO DEMONSTRATE A SUFFICIENT ABILITY TO REASON, WITHOUT FALLING INTO THEORETICAL ERRORS, ALTHOUGH THEY HAVE A FRAGMENTARY AND PARTIALLY INCOMPLETE KNOWLEDGE OF THE SUBJECT MATTER. THE MAXIMUM SCORE (30/30) IS ACHIEVED BY THE STUDENT WHO DEMONSTRATES A COMPLETE KNOWLEDGE OF THE SUBJECT MATTER, HAVING FULLY ACQUIRED THE THEORETICAL AND TERMINOLOGICAL TOOLS NECESSARY TO NAVIGATE WITH AWARENESS BETWEEN THE VARIOUS PARTS OF THE SYLLABUS, ALSO TAKING INTO ACCOUNT THE HISTORICAL EVOLUTION OF LEGAL INSTITUTIONS IN THE COURSE OF ROMAN LEGAL EXPERIENCE. PRAISE IS AWARDED TO THE STUDENT WHO DISTINGUISHES HIMSELF OR HERSELF FOR THEIR PARTICULAR ABILITY TO ANALYZE AND EXPLAIN THE SUBJECT MATTER, WITH REGARD TO ITS HISTORICAL, LEGAL AND TERMINOLOGICAL ASPECTS. |
| Texts | |
|---|---|
| RECOMMENDED STUDYING MATERIAL: B. SANTALUCIA, LA GIUSTIZIA PENALE IN ROMA ANTICA, IL MULINO, 2013, PP.1-134. AND M. SCOGNAMIGLIO, LEX FABIA. LE ORIGINI DEL PLAGIO, GIAPPICHELLI, 2022, PP. 1-155 |
| More Information | |
|---|---|
| NONE |
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