History of Medieval Law LM – 2024-2025

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Teacher: Prof. Alessandro Dani
E-mail: alessandro.dani@uniroma2.it
CFU: 6
Course code: 804001973
Degree: Master’s Degree “Scienze della Storia e del documento”
Course delivery modalities: In-presence
Language: Italian
Pre-requisites: No prerequisites
Attendance: Optional
Assessment method: Oral examination
Period: 1st  term 
Starting day: 
Class hours
Wednesday, 1.00 p.m. – 3.00 p.m., P2
Thursday 9.00 a.m. – 11.00 a.m., T21
Friday, ore 9.00 a.m. -11.00 a.m., P25
Program:
I) The first part will be dedicated to the institutional context of the late Roman Empire, the Roman-Barbarian Kingdoms, and Justinian’s compilation. The salient features of the traditional law of the Germanic populations and its peculiarities compared to Roman law will be highlighted.
II) The second part will examine the law and public order of the Lombard Kingdom, the legislation of the Franks and the formation of the Holy Roman Empire. The fiefs and territorial lordships, the rebirth of legal studies and the school of Glossators, the Church and the development of canon law will be studied.
III) The last part of the course will be dedicated to the law and institutions of Italian municipal civilization, also with direct examination of sources. The municipal organizational model, the statutes of the Municipalities and corporations, the relationship between ius proprium and ius commune, and the various legal aspects of the documentation produced by the Municipalities will be analyzed. The characteristics of land ownership and the main agricultural contracts will then be illustrated, to conclude with the long and significant history of the commons in Italian territories.
During the course, some meetings will be dedicated to the theme of commons, through a seminar work of in-depth study and discussion around the following text: A. Dani, Le risorse naturali come beni comuni, Arcidosso, Effigi, 2013, pp. 27-78.
Students who can’t or do not intend to take part in the seminar meetings will have to study this text independently and discuss it during the exam.
Text books:
  1. Students must choose one of the following books:
    • M. Ascheri, Introduzione storica al diritto medievale, Torino, Giappichelli Editore, 2007, entirely (pp. 270);

or (alternatively):

    • G. Diurni, Aspirazioni di giuridicità del Medioevo d’Italia, Torino, Giappichelli Editore, 2011, entirely (pp. 240).
  1. As an aid to the in-depth seminar work:
    • A. Dani, Le risorse naturali come beni comuni, Arcidosso, Effigi, 2013, pp. 27-78.

It is also possible to agree with the teacher on texts other than those indicated.

Bibliography:
  • E. Cortese, Le grandi linee della storia giuridica medievale, Roma, Il Cigno Galileo Galilei, 2000.
  • M. Caravale, Ordinamenti giuridici dell’Europa medievale, Bologna, Il Mulino, 1994;
  • A. Ja. Gurevic, Le categorie della cultura medievale, Torino, Einaudi, 1983;
  • P. Grossi, Le situazioni reali nell’esperienza giuridica medievale, Padova, Cedam, 1968;
  • A. Dani, Le risorse naturali come beni comuni, Arcidosso, Edizioni Effigi, 2013.
Educational goals and expected learning outcomes:
A) Learning Outcomes: The main aspects of the legal and institutional culture of the Middle Ages will be illustrated, as much as possible also in reference to the major themes of social, political, economic and religious history and to the contents of archive documentary sources.
B) Knowledge and Understanding: The teaching aims to provide adequate knowledge for a full understanding of the main aspects of the subject, such as the concept of sovereignty and public powers (both superior and local), rights on things and the main agrarian contracts, family law and successions.
C) Applying Knowledge and Understanding: A direct approach to texts and documentary sources will be proposed in order to concretely verify the theoretical outlines illustrated and to fully grasp the legal meaning of the documents themselves.
D) Making Judgements: An interpretative approach as free as possible from ideological or historiographical preconceptions will be encouraged, in order to stimulate to form critical opinions that best enhance overall cultural background of the students.
E) Communication Skills: The teaching aims to provide students with the tools to communicate information about the main topics covered in a correct and effective manner, both to specialists in the discipline and to non-specialists.
Occasions for dialogue will be encouraged during the course and during the weekly reception, also offered online, in order to improve the property of language and lexical mastery.
F) Learning Skills: The teaching will provide a significant contribution to the development of cognitive and theoretical-critical skills necessary for a specialized study of the discipline, also from the point of view of legal language.
The opportunities for dialogue will also constitute a moment of monitoring the effective reception of the contents of the discipline.
Methods and criteria for verifying the learning:
The exam assesses the student’s overall preparation, the ability to combine knowledge about each part of the syllabus, the coherence of argumentation, the analytical ability, and the autonomy of judgment. In addition, the student’s command of language and clarity of presentation are also assessed, in adherence with the Dublin descriptors (1. knowledge and understanding; 2. applying knowledge and experience; 3. making judgments; 4. learning skills; 5: communication skills).
The final grade will be based 70% on the student’s depth of knowledge and 30% on the student’s ability for expression (written and oral) and independent critical thinking.
The exam will be evaluated according to the following criteria:
– Failed: significant deficiencies and inaccuracies in the knowledge and the understanding of the subject matter; poor analytical and synthesizing skills, recurrent generalizations, limited critical and judgmental skills; the arguments are exposed inconsistently and with inappropriate language.
– 18-20: Knowledge and understanding of topics barely adequate, with occasional generalizations and imperfections possible; sufficient capacity for analysis synthesis and autonomy of judgment, the arguments are frequently exposed in an incoherent manner and with inappropriate/non technical language.
– 21-23: Fair knowledge and understanding of the subject; proper analysis and synthesis skills with coherent, logical argumentation, but with language that is often inappropriate/non technical.
– 24-26: Moderate knowledge and understanding of the subjects; good analytical and synthesis skills with arguments expressed rigorously but with language that is not always appropriate/technical.
– 27-29: Comprehensive knowledge and understanding of the subjects; remarkable analytical and synthesis skills. Good autonomy of judgment. Topics expounded rigorously and with appropriate/technical language.
– 30-30L: Excellent level of in-depth knowledge and understanding of the subjects. Excellent skills in analysis, synthesis, and independent judgment. Arguments are expressed in an original way and with appropriate technical language.
Teaching methods:
All lessons will be held directly and frontally by the professor, with the use of slides.
Powerpoint slides will be made available, with images, reproductions of documents, mnemonic schemes and maps. Documentaries or conferences related to some salient themes of the program will be provided or indicated.
Attendance modalities:
Three two-hour lessons a week, for five weeks.
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