Course teached as: - ISTITUZIONI DI DIRITTO ROMANO 5-years Single Cycle Degree in LAW
Teaching Language - Last names E-N
Italian
Course Content - Last names E-N
The course of Institutions of Roman Law (for the Italian master's degree, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) is intended to provide students with a general overview of Roman private law, in its historical context, institutional development, and ability to mark the construction of the concepts and dogmatic notions on which modern legal science is rooted.
ATTENDING STUDENTS Prof. Giunti (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian-German double-degree courses):
- lecture notes, as well as
- P. Giunti, P. Lambrini, F. Lamberti, L. Maganzani, C. Masi, I. Piro, Il diritto nell’esperienza di Roma antica. Per una introduzione alla scienza giuridica, Giappichelli, Torino, 2021 (limited to the parts indicated during the lectures).
For students of the Italian master's degree course only, last names starting with E-N (12-credit examination), attendance will also include participation in the project of innovative didactics Atelier del diritto.
NON-ATTENDING STUDENTS Prof. Giunti (last names starting with E-N):
- P. Giunti, P. Lambrini, F. Lamberti, L. Maganzani, C. Masi, I. Piro, Il diritto nell’esperienza di Roma antica. Per una introduzione alla scienza giuridica, Giappichelli, Torino, 2021 (per intero), as well as
- P. Lambrini, Fondamenti del diritto europeo. Manuale istituzionale, Giappichelli, Torino, 2021, pp. 1-12; 77-92; 207-268.
Learning Objectives - Last names E-N
The course of Institutions of Roman Law (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) aims to develop the knowledge of the experience of Roman private law grasped in the necessary historicity of the legal phenomenon.
In this way, the course aims to enhance the student's ability to contextualise normative data from a historical point of view, as well as to grasp the profiles of interdisciplinary interaction between the legal experience of the past and the legal systems in force, both nationally and supranationally.
These knowledges will enable students to appreciate the moments of jurisprudential construction of law as well as the interpretative and creative role of the jurist. The constant dialogue between ancient and modern legal institutions will strengthen the student's awareness of the historical nature of the phenomena of social regulation.
Prerequisites - Last names E-N
No propaedeutic examinations are required.
Teaching Methods - Last names E-N
The course of Institutions of Roman Law consists of lectures and seminars, which will also take place with the use of the tools offered by the interactive teaching support platforms, for a total of 96 hours (for the Italian degree course, last names starting with E-N, 12-credit exam) and 72 hours (for the Italian and French, and Italian and German double-degree courses, 9-credit exam).
During the lectures, particular attention will be devoted to the appreciation and understanding of the junctures that led Roman private law to coagulate into the dogmatic notions and conceptual paradigms on which modern private science is based. To this end, the current Italian Civil Code and important European legal sources will be consulted in the classroom.
For students of the Italian master's degree course only, last names starting with E-N (12-credit exam), the lectures will also cover the 'Atelier del diritto' workshop of innovative didactics. Starting from the words of the Roman jurist Juventius Celsus, who defined law as the "art of the good and the just", Atelier del diritto will focus on the artistic dimension of law, with the aim of highlighting the centrality of the jurist's role as the "creator" of the legal solution. For this purpose, Atelier del diritto will include cases and jurisprudential responses on issues of particular legal interest. These will be discussed in class with the active involvement of the students, so as to stimulate legal reasoning and logical-argumentative aptitudes, as well as the ability to ask questions and "create" answers for the examined cases.
Atelier del diritto will also include the study of pages of great literature (classical and modern) as well as the observation of particularly famous examples of figurative arts that, inspired by the accounts of the ancients, have addressed the fundamental questions relating to the nature and function of law, thereby contributing to the creation of the European cultural and legal heritage.
Further information - Last names E-N
COURSE ENROLMENT
Students of the Italian master's degree course who intend to attend lectures and take the examination based on the programme for attending students, as well as all the students of the Italian and French, and Italian and German double-degree courses are required to register on the teaching page of Institutions of Roman Law, last names starting with E-N, available on the Moodle e-learning platform (using their University credentials: registration number and password), by the deadline indicated in the classroom during the first lecture. No more than 4 unexcused absences are permitted.
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 - Last names E-N
For all students (both of the Italian master's degree course, last names starting with E-N, and of the Italian and French, and Italian and German double-degree courses), the learning assessment will consist in an oral test, the purpose of which will be to assess the knowledge and understanding of the Roman legal system, its institutes and connections, which are the subject of 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 oral test will be divided into two parts: the first part will focus on the topics dealt with in the textbook, the second part will cover all the topics and institutes dealt with during the lectures.
For NON-ATTENDING STUDENTS, the oral test will entirely focus on the topics dealt with in the textbooks.
Course program - Last names E-N
The course of Institutions of Roman Law (for the Italian master's degree course, last names starting with E-N, and for the Italian and French, and Italian and German double-degree courses) tends to offer, through the use of the historical-systematic method, a general overview of private Roman law, its institutes, its formation and development. In particular, the programme includes: Roman private law and its sources; subjects of law; family law; legal acts and facts; property and rights in rem over other people's property; possession; inheritance law; obligations; donations; civil procedure.