History of Modern Law LM – 2024-2025

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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 prerequisites
Attendance: Optional
Assessment method: Oral examination
Period: 1st  term
Starting day: Wednesday, 13 November 2024
Class hours
Wednesday, 1.00 p.m. – 3.00 p.m., T35
Thursday, 11.00 a.m. – 1.00 p.m., P3
Friday, 9.00 a.m. -11.00 a.m., P25
Program:
I) The institutional structures of the Italian States and the system of sources of law of the 16th-17th centuries will be analyzed, also in light of the works of the greatest Italian jurist of the 17th century, Giovanni Battista De Luca.
II) An overview of the legal literature of the modern age, of the schools and cultural trends of which it was an expression, will be illustrated. A particular focus will be on citizenship.
III) We will follow the emergence of critical positions towards the traditional legal order, from Ludovico Antonio Muratori to the Enlightenment, to then examine the reforms of the enlightened Absolutism of the late 18th century and the epochal turning point marked by the French Revolution and the Napoleonic codification.
Text books:

The students will have to choose between two sets of textbooks:

  1. M.R. Di Simone, Istituzioni e fonti normative in Italia dall’Antico regime al Fascismo, Torino, Giappichelli Editore, 2007, only pp. 3-141.
  2. A. Dani, Cittadinanze e appartenenze comunitarie. Appunti dai territori toscani e pontifici di Antico regime, Roma, Historia & Ius, 2021, available on line: https://www.historiaetius.eu/collana-di-studi.html.

or (alternatively):

  1. Tempi del diritto. Età medievale, moderna, contemporanea, coordinamento a cura di E. Tavilla, Torino, Giappichelli, 2022, only pp. 105-233.
  2. A. Dani, Cittadinanze e appartenenze comunitarie. Appunti dai territori toscani e pontifici di Antico regime, Roma, Historia & Ius, 2021, available on line: https://www.historiaetius.eu/collana-di-studi.html.

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

Bibliography:
  • A. Padoa Schioppa, Storia del diritto in Europa, Bologna, Il Mulino, 2007.
  • A. Dani, Un’immagine secentesca del diritto comune, Bologna, Monduzzi, 2008.
  • F. Marinelli, La cultura del Code civil. Un profilo storico, Padova, Cedam, 2004.
Educational goals and expected learning outcomes:
A) Learning Outcomes: We will outline a framework of the systems and normative sources in the modern age, also with reference to the main legal institutes. In particular, the topic of citizenship and the legal status of people will be addressed. Finally, the Enlightenment instances that led to modern codifications will be examined.
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, the legal status of people.
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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