Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


HISTORICAL INTRODUCTION TO LAW
INTRODUZIONE STORICA AL DIRITTO

A.Y. Credits
2018/2019 8
Lecturer Email Office hours for students
Marina Frunzio After the lessons
Teaching in foreign languages
Course with optional materials in a foreign language English
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: Percorso comune
Giorno Orario Aula
Giorno Orario Aula

Learning Objectives

The course is aimed at acquiring the fundamental knowledge of legal institutions in Roman antiquity, also assessed from an historical-comparative point of view. The student will learn to grasp the underlying logic of the elaboration of Roman private law, with regard also to the historical problems that have constituted the background of legal interpretation. Emphasis will be given to the comparative study of the private institutes, of the private Roman trial, of the formation by the jurists of the materials on which the successful Western juridical culture was founded; as well as a more purely publicistic vision that will complement the study of a private nature and which will sustain the critical knowledge of some aspects of the 'constitutionalism' in antiquity.

The acquisition of this knowledge and the critical mastery of the approach to modern and contemporary institutions are the indispensable support for the formation of a conscious operator in the field of law.

Program

The program will be articulated in a first part in which a rational synthesis of Roman private law will be traced in its historical evolution with particular regard to the following themes:

- General historical framework: archaic period, republican period, classical period, postclassical period

- Public legal relationships, private legal relationships

- Private juridical reports: assoluti, relativi, assoluti in senso improprio

- The Trial

-private autonomy

-Family and succession

-The Roman patriarchal structure.

-The notion of ownership of origins; the birth of possession.

- the formation of the Dominium: the principal acts of transfer of ownership.

-The Praetor and his role in the formation of legal thought.

- Legal acts.

-The contracts.

- Verbali documentali,  a forma complessa.

-The real contracts: trust, deposit, pledge, mortgage, loan

- Consensual contracts: emptio venditio, locatio conductio, societas, mandatum.

The obligations arising from an unlawful act: iniuria, furtum, danneggiamento, rapina.

In the second part of the course students will be approached to the concept of 'law' in antiquity and to 'constitution', retracing the steps of the process of legal reflection and the evolution of political thought that underlie the current debate on the law and on the constitution.

Bridging Courses

none.

Learning Achievements (Dublin Descriptors)

Students are expected to be able to:

- formulate its own critical evaluations on practical cases of law, moving autonomously in terms of historical-comparative research, with methodological sensitivity and content (knowkedge and understanding).

-to understand the fundamental lines of the historical evolution of the private institutions, solving theoretical and applicative problems also in the context of seminars and laboratories, also of an interdisciplinary nature (Applying Knowledge and understanding).

-individualize the logic of jurisprudential reasoning, the political and social reasons of their evolution, formulating independent judgments in debates with colleagues and with the teacher, even in the presence of limited information (Making Judgments).

- Orientation in the field of methodologies adopted for the resolution of disputes between individuals and knowing how to translate the information received into a clear, correct and unambiguous language (Communication Skills).

- also organize diachronically the information received, developing the ability to move elastically along the evolutionary line and identifying the most relevant moments of the historical path of legal reasoning, developing an increasingly critical sense that allows to face the study in a completely autonomous (Learning Skills).

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

The teaching material prepared by the lecturer (such as for instance slides, lecture notes, exercises) and specific communications from the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it


Didactics, Attendance, Course Books and Assessment

Didactics

Frontal lessons; on line lessons; working class; flipped learning.

Attendance

In-depth study and active participation in class activities.

Course books

A. GUARINO, PROFILO DEL DIRITTO ROMANO (ED. JOVENE, 1994).

G. GILIBERTI, Constitutio e costituzione, in Cultura giuridica e diritto vivente 1 (2014),

online magazine of the Department of Jurisprudence. The article is freely downloadable at the following address:

ojs.uniurb.it/index.php/cgdv/article/view/369

Assessment

Written intermediate exam. Final oral exam.

A half-written written test of 2 hours is scheduled for the middle of the course. It consists of some open-ended questions that allow the student to demonstrate also the achievement of exhibition skills and the formulation of first independent judgments on the aspects of the subject up to then treated. The results will be discussed with the individual students and therefore generically commented collectively. At that time, the procedures for any recovery actions will also be clarified. The evaluation is expressed in 18/30 and does not affect in any way the final result of the examination.

The final exam is provided in oral form. This method responds to the need to evaluate the achievement of a reasonable level of linguistic ability and organization of the subject through its oral presentation. It also represents the privileged solution for accurately probing the degree of understanding of the components that are not only cultural, inevitably included in the legal experience viewed from a historical-comparative perspective. Finally, it makes possible the most careful evaluation of the acquisition of a sufficient critical sense and of a language in terms correct from a scientific point of view. The exam is based on three or more questions.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23/30: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26/30: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29/30: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Additional Information for Non-Attending Students

Didactics

online lessons; exercises on the blended platform.

Attendance

Participation in the activities on the blended platform; careful study.

Course books

A. GUARINO, PROFILO DEL DIRITTO ROMANO (ED. JOVENE, 1994).

G. GILIBERTI, Constitutio e costituzione, in Cultura giuridica e diritto vivente 1 (2014),

online magazine of the Department of Jurisprudence. The article is freely downloadable at the following address:

ojs.uniurb.it/index.php/cgdv/article/view/369

Assessment

online intermediate test; online exercises; final exam.

The teacher will place on the blended platform the text of the intermediate exam that the non-attending students will perform and then send the same platform to the teacher's e-mail address, they will receive a motivated judgment with the relative vote expressed in 18/30, which does not affect no way the outcome of the final exam. The intermediate test serves above all to gain awareness about the level of understanding of the medium tempore matter reached. The teacher will explain individually to each student the course to be carried out for a possible recovery of the deficiencies found.

The final exam is provided in oral form. This method responds to the need to evaluate the achievement of a reasonable level of linguistic ability and organization of the subject through its oral presentation. It also represents the privileged solution for accurately probing the degree of understanding of the components that are not only cultural, inevitably included in the legal experience viewed from a historical-comparative perspective. Finally, it makes possible the most careful evaluation of the acquisition of a sufficient critical sense and of a language in terms correct from a scientific point of view. The exam is based on three or more questions.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20/30: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23/30: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26/30: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29/30: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

Notes

THE FREQUENCY IN THE COURSE IS STRONGLY RECOMMENDED.

STUDENTS WHO ARE INTERESTED WILL SUPPORT THE EXAM IN ENGLISH LANGUAGE, PREVIOUS AGREEMENT WITH THE TEACHER.

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