History of western legal tradition
- A.A. 2022/2023
- CFU 6
- Ore 30
- Classe di laurea L-14
It is suggestable to attend the examination of Roman Law.
The aim of the course is to introduce students to the historicity and complexity of Western Legal Tradition. This tradition, based on European and non-European legal cultures within a framework characterized by interconnections and entanglements, will be studied with a focus on main principles and key-elements. The unit seeks to select some of the main legal phenomena providing the students with the information and skills needed to understand the historical roots of Western Legal Tradition. The course will try to extend the historical understanding of students as regards other legal systems, and developing in particular a critical overview of European legal traditions.
The course will cover the following subjects:
1) Introduction. Why and how legal history can contribute to the training of the law student. The concept of historicity. Understanding different legal contexts
2) Customary Legal Orders
3) Ius Commune and Roman Law tradition
4) Canon Law
5) Common Law: British and American developments
6) Legal Humanism
7) Legal Reason
8) Codification processes
- 1. (A) Tamar Herzog A Short History of European Law. The Last Two and a Half Millennia Harvard University Press, Cambridge, 2018
Students attending lectures are required to study Tamar Herzog, A Short History of European Law. The Last Two and a Half Millennia, Cambridge, Harvard University Press, 2018, except for pages from 167 to 230; some materials will be suggested during classes.
Students not attending lectures are required to study Tamar Herzog, A Short History of European Law. The Last Two and a Half Millennia, Cambridge, Harvard University Press, 2018, whole text; L. Lacchè, Granting citizenship following Caracalla? The French experience and the Code Napoléon?, in Journal of Constitutional History, 27, I, 2014, pp. 179-198; L. Lacchè, On the Italian Style: The Eclectic Canon and the Relationship of Theory to Practice as key-elements of Italian Legal Culture (19th-20th Centuries), in Journal of Constitutional History, 34, II, 2017, pp. 263-280
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The Professor will give lectures in order to present and explain the most important aspects of the course.
Students will be provided by powerpoints so that they can follow and interact, giving
their opinions about the issue investigated in class.
- For attending students the examination will consist in answering in English written questions (in 2 hours) at the end of the course. Written examination is the rule, oral form being optional. Written examination will be based on three open questions (themes) and six close questions on the topics treated in the Course for regularly attending students.
Students are asked to show their knowledge of the main contents of the lectures and the
readings suggested.
For non attending students the examination will be oral.
The exam will evaluate in particular four profiles: knowledge of contents, critical approach, English level, clarity.
English
English