HISTORY OF MEDIEVAL LAW LM – 2026-2027

 

Teacher: Prof. Alessandro Dani
E-mail: alessandro.dani@uniroma2.it
CFU: 6
Course code: 804004004
Degree: Master’s Degree “Scienze della Storia e del documento”
SSD: GIUR-16/A (ex IUS/19)
Course delivery modalities: In-presence
Language: Italian

Pre-requisites: No prerequisites
Attendance: Optional
Assessment method: Oral examination
Period: 1st  term 
Starting day: Wednesday, 1st October 2025
Class hours
Wednesday, 3.00 – 5.00 p.m., Faculty Office (Building B, 4th floor, Room 17)
Thursday, 12.00 – 2.00 p.m., Faculty Office (Building B, 4th floor, Room 17)
Friday, 9.00 – 11.00 a.m., Classroom T35
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.

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