The content of the course will be an analysis of the foundational role played by the Roman legal experience, with a focus on the case-law method. Thanks to a survey of jurisprudential, rhetorical, and literary sources, the following topics will be addressed: notions of subject of law and subjective law, statutes of capacity between freedom and slavery, levels of citizenship, dynamics of inclusion/exclusion, family and personal relations, gender relations and the female condition.
Textbooks for the students who choose Part A course (Prof. Giunti).
ATTENDING STUDENTS:
- lecture notes, as well as
- additional material handed out to attending students
NON-ATTENDING STUDENTS:
- L. Solidoro (a cura di), Il diritto romano caso per caso, Giappichelli, Torino, 2018, pp. 1-24; 67-99; 129-242, as well as
- A. Palma, Civitas Romana, civitas mundi. Saggio sulla cittadinanza romana, Giappichelli, Torino, 2020, pp. 45-120.
As an alternative to the two previous books, students may use the following textbook:
- Confini, circolazione, identità ed ecumenismo nel mondo antico: Atti del VII Incontro di Studi tra storici e giuristi dell’Antichità, Vercelli, 24-25 maggio 2018, a cura di P. Garbarino, P. Giunti, G. Vanotti, Firenze, Le Monnier Mondadori Education, 2020 (pp. 1-237).
WARNING: the syllabus indicated here concerns the 6-credit exam.
The syllabus for NON-ATTENDING STUDENTS for the 12-credit exam (students enrolled up to a.y. 2011-12) is the one indicated at the following link, under "textbooks":
https://www.giurisprudenzamagistrale.unifi.it/p-ins2-2011-298170-0.html
Learning Objectives - Part A
Educational objectives for students choosing Part A course (Prof. Giunti).
The aim of the course is to provide future jurists with the interpretative tools borrowed from Roman law, which founded modern legal science. In particular, students will be provided with a historical and comparative research method, in order to recognise the role played by Roman legal experience in the construction of modern private law.
Prerequisites - Part A
In order to take the exam, students must have passed: General Constitutional Law, and Private Law I. It is also highly recommended to have passed the exam of Institutions of Roman Law.
Teaching Methods - Part A
Teaching methods for students choosing Part A course (Prof. Giunti).
The course consists of frontal lectures, which will also take place by means of the tools offered by interactive didactic support platforms, for a total of 48 hours.
Through the direct study of ancient testimonies, the lectures will retrace the case-law method developed by Roman jurisprudence, capable of identifying the legal rule on the basis of the solution of the individual practical case. The student will be invited to confront the logical-argumentative paths suitable for constructing a case-law system.
Further information - Part A
WARNING: The syllabus of Part A course (Prof. Giunti) is an alternative to the syllabus of Part B course (Prof. Gulina), which students may choose.
WARNING: the programme indicated here concerns the 6-credit exam.
The NON-ATTENDING syllabus for the 12-credit ROMAN LAW exam (students enrolled up to academic year 2011-12) is the one indicated at the following link, under "textbooks": https://www.giurisprudenzamagistrale.unifi.it/p-ins2-2011-298170-0.html
COURSE ENROLMENT
Students who intend to attend the course and take the exam using the programme for ATTENDING STUDENTS are required to register via the Moodle platform (using their University credentials: registration number and password), by the deadline indicated in the classroom during the first lesson. No more than 4 unauthorised absences are allowed.
GRADUATION THESIS
A student intending to graduate in Institutions of Roman Law and Roman Law must agree with the lecturer, preferably between the third and fourth year, on a study plan that includes the free-credit lectures and the other educational activities aiming to develop topic of the thesis. Anyway, the study plan must include the Roman-law courses, namely History of Roman Constitution (6 credits) and History of Roman Legal Thought (6 credits).
Due to the specific nature of the Romanist thesis, which is built on the direct analysis of the sources of Roman law, a sufficient understanding of Latin is required to the candidate.
Type of Assessment - Part A
Examination procedures for students choosing Part A course (Prof. Giunti).
The exam will consist of an oral test for all students, the purpose of which will be to assess their knowledge and understanding of the legal categories and institutes covered by the programme. The mastery of the technical-legal language, the capacity for logical-argumentative reasoning and the quality of the exposition will be appreciated.
For ATTENDING STUDENTS, the examination will cover all the topics covered in the lectures.
For NON-ATTENDING STUDENTS, the examination will cover all the topics dealt with in the abovementioned textbooks.
Course program - Part A
Programme for students choosing Part A course (Prof. Giunti).
The programme, which will be developed through an overview supported by the reading of ancient testimonies, will deal with the founding presence of Roman law in the construction of the European legal tradition and system. By recovering the case-law method proper to the legal experience of ancient Rome, the course will take as its object of study the most significant aspects relating to legal subjectivity, the statutes of capacity, citizenship and the phenomena of inclusion and exclusion, family and personal relations, with particular reference to gender relations and the condition of women.