Learning objectives
The teaching of Roman law aims to provide students with a deeper knowledge and understanding of the historical dimension of law and the tools of interpretation that contributed to the construction of legal categories and the regulation of institutes of Roman private law. The reconstruction of the fundamental lines of the historical evolution that led to the incorporation of the principles of Roman law in contemporary regulatory contexts will facilitate a more conscious practical application of the law in force. The development of the ability to critically read and compare ancient legal texts, from the particular angle of the elaborations of Roman jurists with regard to the method of legal reasoning on practical cases, will allow to refine the sensitivity in reading also texts of current positive law, critically linking the legal phenomena to the historical context in which they occur. The student will acquire the skills to autonomously assess and resolve concrete cases in the regulatory framework in which he/she will be called upon to operate as a legal expert. At the end of the course, the ability to express oneself in legal language will be improved and the ability to deal rationally and coherently with legal problems arising from practical cases will be enhanced.
Prerequisites
Knowledge of the fundamentals of the institutes of Roman private law previously acquired in the Institutions of Roman Law course.
Course unit content
The course will focus on the study of the essential aspects of the casuistic method and some of the private law institutions of Roman legal experience, which formed the basis for the formation of current legal systems, and will cover
1) Roman jurisprudence and the activity of interpreting the law with particular reference to the pathways of legal reasoning and the fundamental criteria (e.g. aequitas and analogy), which were developed by Roman jurists for the correct approach in the study of cases (casuistic analysis) and in the identification of the legally just solution to them (responsum), attested in the Corpus Iuris Civilis.
2) The analysis of individual cases related to the procedural dimension and the related issues raised by Roman jurisprudence in relation to the concreteness of the moment of application, in order to learn, in a more conscious manner, the evolutionary dynamics of the legal regime of certain institutions pertaining to various areas of Roman private law (in particular in the area of Rights in rem and Obligations).
3) The perspective of historical-legal comparison, in search of the Romanist foundations of the figures of current Italian and foreign law, corresponding to those of Roman law examined.
Full programme
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Bibliography
Attending students (present for at least 70% of the total 54 hours of the course) will prepare the examination on:
A) materials and texts (with translation) that will be distributed in class and made available on the Elly platform.
B) L. Vacca, La giurisprudenza nel sistema delle fonti del diritto romano, Giappichelli, Torino 2012: capitolo II, §§ 3.6-10 (pp. 45-69); capitolo III, §§ 3.5-9 (pp. 82-101); capitolo IV, §§ 3-8 (pp. 126-151).
C) A. Lovato, S. Puliatti, L. Solidoro, Profilo di diritto privato romano, 3a edizione, Giappichelli, Torino 2024: the parts to be studied will be communicated on the Elly platform for the review of the institutes of Roman private law relating to the cases under study.
Non-attending students will prepare the examination on the following texts:
A) Il diritto romano caso per caso, a cura di L. Solidoro, M. Scognamiglio, P. Pasquino, Giappichelli, Torino 2018.
B) L. Vacca, La giurisprudenza nel sistema delle fonti del diritto romano, Giappichelli, Torino 2012: capitolo II, §§ 3.6-10 (pp. 45-69); capitolo III, §§ 3.5-9 (pp. 82-101); capitolo IV, §§ 3-8 (pp. 126-151).
C) A. Lovato, S. Puliatti, L. Solidoro, Profilo di diritto privato romano, 3a edizione, Giappichelli, Torino 2024: the parts to be studied will be communicated on the Elly platform for the review of the institutes of Roman private law relating to the cases under study.
Teaching methods
The lectures will have as a constant point of reference the reading and commentary of Roman legal sources (mainly excerpts from the Digest), translated into Italian, concerning the practical cases and institutions dealt with from time to time. In particular, the casuistic analysis of the cases, the enucleation of the logical-legal arguments and the instruments adopted for their solution will open up the perspective of comparison with the corresponding legal figures in force in Italian and foreign legal systems, facilitating the emergence of persistences and changes in the discipline of private law. Students will be invited to actively participate (individually or in groups) in the case-by-case examination of cases and related issues. This approach will enable them to refine legal sensitivity and autonomy of judgement, while facilitating classroom learning and communication skills.
The video lectures will only be made available to members from the PA (who must contact the lecturer in advance).
Assessment methods and criteria
Attending students (those who attend at least 70% of the total 54 hours of lectures are considered as such), who will have prepared themselves on the programme as specified in the 'Bibliography' section, will be given the opportunity to submit, after the conclusion of the lectures and in accordance with the deadlines that will be communicated at the beginning of the course, a written paper that will be the subject of a subsequent oral discussion on the date of the final examination. The written paper will focus on a topic of the student's choice, to be selected from those covered during the lectures. The student shall set out, in an orderly, effective manner and in appropriate technical terms, the case and the solution adopted, taking as a point of reference the sources and the main legal institutions involved, also giving space for comparison with the law in force. In the oral interview, dedicated to the illustration of the topic dealt with in writing, questions (usually three) will be asked that will enable the student to demonstrate his theoretical knowledge of Roman law, both substantive and procedural, and an autonomous critical and argumentative capacity of the relative practical applications proposed on the basis of the sources examined, also from a historical-legal comparative viewpoint. The paper will be assessed with one of the following marks: inadequate (mark less than 18/30); sufficient (mark between 18 and 20/30); fair (mark between 21 and 24/30); good (mark between 25 and 27/30); excellent (mark between 28 and 30/30, and possible honours). This judgement will be taken into account when weighting the average with the grade (mark from 0 to 10) assigned to each answer given in the oral test. The final grade will be expressed in thirtieths (from 18 to 30) and possible honours.
Attending students, who will prepare for the syllabus as specified in the 'Bibliography' section, if they prefer to take the examination exclusively orally, must answer at least three open questions concerning the topics covered in the lecture, demonstrating that they have acquired knowledge of the legal reasoning method and a technically appropriate expository capacity, also from a terminological point of view. Theoretical knowledge of Roman law, both substantive and procedural, an autonomous critical and argumentative capacity of the relative practical applications proposed in relation to the cases attested by the sources examined in the lecture and through the material distributed, also from a historical-legal comparative viewpoint, will be assessed. In order to better focus the arguments, during the examination the student may make use of the direct reading of Roman legal sources, also proving that he has learnt the elements of testaule criticism. The final mark expressed in thirtieths (from 18 to 30) will be derived from the average of the marks awarded to each answer (mark from 0 to 10).
For non-attending students, who will prepare on the programme as specified in the 'Bibliography' section, the examination will take place orally and will consist of at least three open-ended questions, demonstrating that they have acquired knowledge of the legal reasoning method and a technically appropriate expository capacity, also in terms of terminology. Theoretical knowledge of Roman law, both substantive and procedural, as well as an autonomous critical and argumentative capacity of the relevant practical applications in relation to the cases attested by the sources examined in the adopted textbooks will be assessed. In order to gain a better focus on the arguments, the student will be able to make use of direct reading of the Roman legal sources during the examination, also proving that he has learnt the elements of testaule criticism. Final grade expressed in thirtieths (from 18 to 30) will be derived from the average of the marks awarded to each answer (mark from 0 to 10).
Other information
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2030 agenda goals for sustainable development
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