History of Modern Law LM – 2023-2024

Teacher: Prof. Alessandro Dani
E-mail: alessandro.dani@uniroma2.it
CFU: 6
Course code: 804001974
Degree: Master’s Degree “Scienze della Storia e del documento”
Course delivery modalities: In-presence
Language: Italian
Pre-requisites: No pre-requisites
Attendance: Optional
Assessment method: Oral exam
Period: 1st  term
I) We will analyze the institutional structures of the Italian States and the system of the sources of law in XVIth-XVIIth centuries, also following the writings of the major Italian jurist of the seventeenth century, Giovanni Battista De Luca.
II) Will be illustrated an overview of the legal literature of Modern Age, of the schools and cultural strands. A special focus will cover criminal law, process and Inquisition.
III) We will follow the emergence of critical positions towards the traditional legal order, from Ludovico Antonio Muratori to the Illuminists, until finally examine the reforms of the late eighteenth-century illuminated absolutism and the epochal turning point marked by the French Revolution and the Napoleonic codification.
IV) Will be examined laws and codifications of pre-unitary nineteenth-century Italian states and of the Kingdom of Italy, until the fall of Fascism.
Text books:
General and introductory writings will be indicated and video documentaries or conferences will be provided or indicated, week by week, related to some main topics addressed in classroom.
For non-attending students we recommend the following manuals:

  • M.R. Di Simone, Istituzioni e fonti normative in Italia dall’Antico regime al Fascismo, Torino, Giappichelli Editore, 2007, pp. 3-359 (paragraphs in a smaller font can be omitted: about 30 pages in total).
  • Tempi del diritto. Età medievale, moderna, contemporanea, coordinamento a cura di E. Tavilla, Torino, Giappichelli, 2022, pp. 105-451.
  • A. Padoa Schioppa, Storia del diritto in Europa, Bologna, Il Mulino, 2007;
  • A. Dani, Un’immagine secentesca del diritto comune, Bologna, Monduzzi, 2008;
  • A. Dani, Vagabondi, zingari e mendicanti. Leggi toscane sulla marginalità sociale tra XVI e XVIII secolo, Firenze, Associazione di Studi Storici Elio Conti, 2018;
  • F. Marinelli, La cultura del Code civil. Un profilo storico, Padova, Cedam, 2004.
Educational goals and expected learning outcomes:
A) Learning outcomes: We will draw a picture of the legal systems and sources of law from XVIth century to the half of XXth century, also with reference to the main institutions. We will examine the Enlightenment requests that led to modern codifications, illustrate constitutional structures, public institutions and codes in the Italian states and in the Kingdom of Italy, until the fall of Fascism. A direct and reasoned approach to texts and documentary sources will also be proposed.
B) Knowledge and understanding: The course aims to provide the appropriate knowledge to the full understanding of salient aspects, such as the conception of sovereignty and public authorities (both superior and local), iura in re and land contracts, family law and succession.
C) Applying knowledge and understanding: A direct approach to texts and documentary sources will be proposed in order to verify concretely the theoretical features illustrated and to fully understand the legal significance of the documents.
D) Making judgements: An interpretative approach will be stimulated as free as possible from ideological or historiographical preconceptions, to encourage the formation of critical opinions that enhance overall cultural background of the student.
E) Communication skills: Opportunities for dialogue during the course will be stimulated to improve language skills and lexical mastery.
F) Learning skills: These opportunities for dialogue will also constitute an important moment for monitoring the effective reception of the contents of the discipline.
Methods and criteria for verifying the learning:
Methods and criteria for verification of learning outcomes We will try to stimulate a dialogue between teacher and students during the course, also aimed at verifying learning outcomes. The formal moment of verification is however represented by an oral examination which will focus on four topics related to the four parts of the module described above. Attending students can freely choose two of the four topics. The oral exam is designed to verify that the student has acquired the knowledge and skills that constitute the educational objectives of the teaching. In particular, the candidate must demonstrate that he has acquired the terminological and conceptual skills necessary for understanding the main points of the program listed above. .
Teaching methods:
All lessons will be held in direct and frontal way by the professor, with use of slides. Attending students during the lectures will be made available handouts in PDF, based on the teaching material presented in classroom in Powerpoint slides, with images, reproductions of documents, mnemonics and maps. Furthermore, general and introductory writings will be indicated and video documentaries or conferences will be provided or indicated, week by week, related to some main topics addressed in classroom.
Attendance modalities:
Three two-hour lessons a week, for five weeks.