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


HISTORY OF MODERN AND CONTEMPORARY LAW
STORIA DEL DIRITTO MODERNO E CONTEMPORANEO

A.Y. Credits
2022/2023 7
Lecturer Email Office hours for students
Sandro Notari Thursday 14.00-16.00 (in remote mode) by appointment via email. During the lesson period, the reception takes place at the end of the lessons by appointment via email
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

Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

Considering that law is a product of history, the main objective of teaching is to make the student aware of the elements of historicity present in the legal phenomenon. To this end, the course introduces the student to the study of the sources of law (custom, legislation, doctrine and jurisprudence) in a diachronic path that starts from the late empire centuries and reaches the contemporary age (15th-20th centuries). The student is called to distinguish historical periods, to recognize the moments of fracture, to grasp the elements of continuity over time of concepts and institutes, to identify the link between legal history and political and social history.

The methodology of the course, which combines traditional teaching (lectures) with innovative-experimental techniques (Debate, Flipped Learning and use of the Moodle-blended learning platform), is aimed at developing both the basic cognitive knowledge, both superior cognitive knowledge. In this way, through direct dialogue with the teacher and the work in class (Teaching Working Class), we want to stimulate the learning process through a more effective involvement of students and a better organization of the material, to facilitate the processes of knowledge during the course.

Program

The program is divided into two parts.

The first part (36 hours), of an institutional nature, deals with the following topics, presented in chronological order

1. Introduction to the study of the history of modern and contemporary law

2. Reforms and revolutions in modern Europe (16th-18th centuries). The end of medieval universalism and the New World; the great monarchies; the modern school of natural law; the crisis of the "system" of ius communet; the enlightened absolutism; the American Revolution; the French Revolution; new arrangements of the modern State; the legal enlightenment.

3. The Age of the Codes (18th-19th centuries). The processes of codification of the law in the Ancient Regime; the French Civil Code of 1804; other Napoleonic codes; the Austrian General Civil Code of 1811 (ABGB); the reception of French codes in the Italian States in the Restoration (after 1814); legal science in the age of the codes.

4. The constitutional systems in Europe (18th-19th centuries). The constitutions of revolutionary France (1791-1799); the age of the Restoration and the European constitutions (1814-1848); the constitution of the Kingdom of Sardinia of 1848 (the Statuto Albertino) and the beginnings of parliamentarism in Italy.

5.The liberal nineteenth century: a legal century (1814-1916). Legislation, culture and legal science in Italy and in Europe

6.The long transition of Italy from Unification to the Second World War. The constitutional monarchy, the codes, the political representation (1861-1921); The Fascist regime in terms of legal history (1922-1943); the Republican Constitution and the return to democracy.

The second part (6 hours), of a monographic nature, presents a short history of labor law development in Italy.

The topics covered are:

1. The protection of working women and the child worker from Unity to the Republic. 

2. Accident insurance in the history of Italy.  

Bridging Courses

None

Learning Achievements (Dublin Descriptors)

Knowledge and understanding

At the end of the course the student of Scienze giuridiche per la consulenza del lavoro e la sicurezza pubblica e privata will have to demonstrate knowledge of

the legal phenomenon, in particular of its connatural relationship with history

the legal systems with a view to their development over time - from the early Middle Ages to the contemporary age  - and with reference to the main stages of European legal history

- the social and economic realities and cultural trends underlying the legal phenomenon

- the current issues in the historical-philosophical and historical-juridical debate of interdisciplinary relevance

- the origin of the fundamental legal institutions, with particular regard to the modern and contemporary developments of the protection systems (with reference in particular to the post-unification Italian case)

Applying knowledge and understanding

At the end of the course the student must prove:

- the ability to understand the content of legal institutions and to know how to contextualise them to the place and the historical period considered

- to have acquired an aptitude for historically interpreting legal systems and applying critical reading tools to the globalized and digitalised world view

- to have acquired the ability to critically understand the historical and legal aspects of the current social dimension, with particular regard to the field of new information technologies

Making judgmentents

At the end of the course the student will have to demonstrate:  

- to be able to collect and interpret relevant data on legal history

- to be able to integrate the acquired knowledge with their own reflections and with personal links between the various parts of the examination programme

Communication skills

At the end of the course the student will have to demonstrate: 

- to possess communication skills and an adequate historical and legal vocabulary

Learning skills

At the end of the course the student will have to demonstrate:

- to have developed the necessary skills to undertake subsequent studies with a high degree of autonomy

- to be able to correctly identify similarities and differences between legal systems and historical legal arrangements, also in relation to current events

- to be able to collect (also in telematic networks) and to organize rationally the information for seminar research or in preparation for the final examination

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

Written and oral exercises, intermediate tests

The teacher will provide students with other teaching support materials in the form of slides, scientific essays, handouts through the Moodle platform ›blended.uniurb.it


Teaching, Attendance, Course Books and Assessment

Teaching

Didactics

The teaching is delivered in the second semester. The first part of the course (36 hours) is divided into lectures by the teacher (traditional methods) (30 hours) and innovative-experimental methods (Teaching Working Class) that involve the active participation of students, stimulating analysis and debate on the issues addressed (6 hours).

The second part of the course (6 hours) consists of oral exercises carried out by the students. The topics of the exercises are identified by the teacher who provides the materials (texts and essays of legal history) on which the student carries out his oral intervention in the classroom.It will also resort to hybrid seminar forms through the use of digital touchboards.

Specifically, the lessons will be held in the following ways:

traditional (frontal lessons), 30 hours
with debate, 6 hours
with flipped classroom, 6 hours

The reception of students, aimed at providing clarification and to carry out a possible review of the key topics of the program addressed in class, will be held in mixed mode on Thursday, from 14.00 to 16.00, by appointment by email.

For information you can contact the teacher at sandro.notari@uniurb.it

Innovative teaching methods

The lessons will be held in the following ways:

1. traditional (frontal lessons), 30 hours
2. with debate technique, 6 hours
3. with the teaching methodology of the flipped classroom, 6 hours

The innovative-experimental methods (Teaching Working Class) involve the active participation of students, stimulating analysis and debate on the issues addressed

Attendance

Classes are for first-year students. No content prerequisites are required. A basic knowledge of political and institutional history from the Middle Ages helps to learn the contents of the course, which runs over a period of 4 centuries (XVII-XX).

Attendance is not compulsory, but it is highly recommended

The student must attend 75% of the lessons in order to take the examination as an 'attending student'.

Course books

First part

- A book of the student's choice between

a) M. Caravale, Storia del diritto nell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2012 (excluding pp. 1-142).

b)  G.S. Pene Vidari, Storia del diritto. Età contemporanea, Torino, Giappichelli, 2014

Lecture notes and teaching materials provided by the teacher via Moodle-blended learning platform

Second part

Lecture notes and slides provided by the teacher about the history of labor law development in Italy provided by the teacher via Moodle-blended learning platform

- Further study material will be reported in class by the teacher and made available to students (attending and non-attending) through the Moodle-blended learning platform.

Students who want to take the exam in English will have to study the following text: A. Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentieth Century, Cambridge University Press, 2017, §§  17-33, pp. 229--536.

Assessment

Oral exam, consisting of three or more questions that concern both the topics covered during the course, and the themes dealt with in the exam texts indicated.

The teacher will carry out, in itinere, preliminary tests of learning.

A written assessment/self-assessment test, reserved for attending students, consisting of a closed-question test (multiple choice) or indefinite, will take place at about half of the course.

The outcome of the mid-term examination is merely indicative for the overall assessment of the student’s preparation.

The assessment criteria and the relative scores in thirtieth are determined on the following scale:

less than 18/30 - insufficient level of competence: the candidate does not achieve any of the learning outcomes set out in "knowledge and understanding";
18-20 / 30 - sufficient level of competence: the candidate achieves the learning outcomes set out in "knowledge and understanding;
21-23 / 30 - fully sufficient level of competence: the candidate achieves the learning outcomes set out in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26 / 30 - good level of competence. The candidate achieves the learning outcomes foreseen in the "knowledge and understanding" points; "applied knowledge and understanding skills" and "judgement autonomy";
27-29 / 30 - very good level of competence: the candidate achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgement autonomy" and "communication skills";;
30-30 cum laude - excellent level of competence: the candidate fully achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgment autonomy"; "communication skills" and "ability to learn".

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Additional Information for Non-Attending Students

Teaching

Non-attending students can also access the teaching materials prepared by the teacher in addition to the recommended texts (such as slides, handouts, exercises, bibliography) and the teacher's specific communications for teaching can be found within the Moodle platform blended.uniurb.it

Attendance

Classes are for first-year students. No content prerequisites are required. A basic knowledge of political and institutional history from the Middle Ages helps to learn the contents of the course, which runs over a period of 4 centuries (XVII-XX).

Course books

First part

- A book of the student's choice between

a) M. Caravale, Storia del diritto nell'Europa moderna e contemporanea, Roma-Bari, Laterza, 2012 (excluding pp. 1-142).

b)  G.S. Pene Vidari, Storia del diritto. Età contemporanea, Torino, Giappichelli, 2014

- Lecture notes and teaching materials provided by the teacher

Second part

Lecture notes and teaching materials provided by the teacher via Moodle-blended learning platform

Second part

- Slides provided by the teacher about the history of labor law development in Italy, provided by the teacher via Moodle-blended learning platform

- Further study material will be reported in class by the teacher and made available to students (attending and non-attending) through the Moodle-blended learning platform.

Students who want to take the exam in English will have to study the following text: A. Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentieth Century, Cambridge University Press, 2017, §§  17-33, pp. 229--536.

Additional mandatory book required for non-attending students:

- E. Dezza, Storia della codificazione civile. Il Code Civil (1804) e l'Allgemeines Brgerliches Gesetzbuch (ABGB, 1812), seconda edizione, Torino, Giappichelli, 2000.

Assessment

Oral exam, consisting of three or more questions that concern both the topics covered during the course, and the themes dealt with in the exam texts indicated.

The assessment criteria and the relative scores in thirtieth are determined on the following scale:

less than 18/30 - insufficient level of competence: the candidate does not achieve any of the learning outcomes set out in "knowledge and understanding";
18-20 / 30 - sufficient level of competence: the candidate achieves the learning outcomes set out in "knowledge and understanding;
21-23 / 30 - fully sufficient level of competence: the candidate achieves the learning outcomes set out in the points "knowledge and understanding" and "applied knowledge and understanding";
24-26 / 30 - good level of competence. The candidate achieves the learning outcomes foreseen in the "knowledge and understanding" points; "applied knowledge and understanding skills" and "judgement autonomy";
27-29 / 30 - very good level of competence: the candidate achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgement autonomy" and "communication skills";;
30-30 cum laude - excellent level of competence: the candidate fully achieves the learning outcomes provided for in the points "knowledge and understanding"; "knowledge and understanding applied"; "judgment autonomy"; "communication skills" and "ability to learn".

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

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