The course is divided into three modules: in the first part we will retrace the history of Roman jurisprudence by reconstructing the birth of the figure of the jurist and the structuring of his intellectual status; in a second part we will focus on the formation of the juridical discourse and on the structuring of discursive practices and of the hermeneutical tools proper to law; in a third part we will discuss specific themes starting from targeted readings and work on texts.
FOR ATTENDING STUDENTS:
Lecture notes and classroom material
FOR NOT ATTENDING STUDENTS:
A. SCHIAVONE, Ius. L’invenzione del diritto in occidente. Nuova edizione, Torino, 2017, pp. 47-398.
Non-attending students interested in the topics of the course (history of Roman legal thought, history of jurisprudence, history of legal argumentation) who want to deal with a different textbook can contact professor by mail
Learning Objectives
The course aims to provide the law student with the tools to critically understand some aspects of his future role as a 'jurist': his social function and his position in the cultural sphere - fundamental aspects that precisely in the legal experience Roman begin to take shape in a conscious and peculiar way - the origins of the language and argumentative technique typical of the jurist as a law specialist. Finally, with particular reference to the seminar part, the course aims to make the student able to deal with some major issues in the history of legal thought, legal institutions, the history of legal ideas, alone and in dialogue with colleagues.
Prerequisites
To take the exam, it is necessary to have already taken the exams of Diritto privato I and Diritto costituzionale generale.
Furthermore, for the preparation of the exam, it is advisable to know the topics related to the exam of Istituzioni di diritto romano, even if this last exam is not formally preparatory.
Teaching Methods
The course will be divided into lectures and seminars. During the course, an innovative teaching project will also take place, Readings in comparison, thanks to which students will discuss how to read a text to choose from a list proposed in class. Also during the lectures, students' interventions on the topics under discussion will be particularly encouraged and critical discussion on the topics covered will be favored.
Further information
Registration for attending students will take place through the Moodle platform.
During each lesson will be projected slides related to the topics. The slides will be distributed through the Moodle platform.
To graduate in Istituzioni di diritto romano, students are required to take the specialization exams present in the program of our School (in particular, Diritto romano, Storia della costituzione romana and Storia del pensiero giuridico romano). For any information, contact the teacher
Type of Assessment
The verification of the learning will consist of an oral talk, which will aim to assess the mastery acquired by the student with respect to the topics covered.
During the oral exam the attending student can take advantage of the support of slides containing ancient sources distributed to the course and refer to the research carried out personally and by colleagues.
The exam will focus on all the topics covered during the course; the number of questions will depend on the progress of the talk, varying according to the extent to which it will be possible to evaluate the preparation of the student based on the answers received.
Course program
Starting from the fortune of Roman law and the tradition that places it at the center of the development of modern Western law - the so-called 'second life' of Roman law - the history of the scientific elaboration of law in Rome will be addressed through the history of its interpreters. In the first part of the course, we will deal with the real history of Roman legal thought, from the perspective of the investigation into the history of those who, in ancient Rome, were the interpreters of law, endowed with a nomopoietic function. From the work of the Popes called to provide the necessary rules for the life of the community, to the responses of the lay jurists, from the republican aristocratic class to the advisors of the Prince and then to the officials of the late imperial bureaucracy; from an oral dimension to the revolution of writing and the construction of a real literary experience, we will examine the path that led legal knowledge to become a real science and its jurists to become the first paradigm of scholar, intellectual devoted to study and the processing of the law. In the context of this story, then, we will focus in particular on the question of the birth, still in ancient Rome, of the peculiar form of argumentation that is typical of jurisconsults: we will examine how the techniques of investigation and representation of law develop and how they take it forms the discursive practices that constitute the vehicle and symbol of Western legal reflection. Finally, through the comparison on specific topics chosen by the students among those proposed by the teacher, it will be possible to deepen topics of specific personal interest and to discuss these issues with colleagues and the teacher.