50219 - HISTORY OF LAW - MODULE 1 (INTRODUCTION TO EUROPEAN LEGAL HISTORY)
Department of Law
Course taught in English
Course Director:
STEFANO MALPASSI
STEFANO MALPASSI
Suggested background knowledge
The teaching assumes a general familiarity with the institutions and terminology of private and public law.
Mission & Content Summary
MISSION
The aim of the course is to provide an overview of the history of law in Europe. The purpose is to sketch the history of a common civilisation, to which contributed people coming from different and faraway lands, cities, kingdoms and towns. The course will consider the contribution of four traditions: that of the Germanic tribes that migrated throughout the Roman Empire, of Roman law, of Christianity, and of Greek philosophy. It will focus on the influence of these traditions on legislation, law and legal practice. It will examine the common features and the development over time of judicial procedure, the private law of obligations, and some aspects of public law. Special emphasis will be placed on the relation between laws and the role played by professional jurists. Overall, the course aims to introduce students to the complexities of European legal history through in-depth analysis of the sources of the law, from the Middle Ages to the Early Modern period in continental civil law and the English common law. Particular attention will be devoted to medieval interpretative practices (e.g. glossators and commentators), also considered, where appropriate, in light of contemporary forms of text analysis, including artificial intelligence, and related cognitive aspects of legal reasoning (e.g. interpretation, analogy, and bias).
CONTENT SUMMARY
Introductory lessons followed by the analysis of historical sources and legal materials will be presented on each of the following topics:
Law in the Early Middle Ages
- The Roman Law Legacy
- The Law of the German Tribes
- Christianity and the Origins of Canon Law
Law in the Late Middle Ages
- The re-discovery of the Digest and the Bologna Studium Iuris
- The New Legal Science: Glossators and Commentators
- The European Ius Commune
Property in the Middle Ages: A Retrospective
Towards the Early Modern Age
- The French Droit Commun
- The Origins of the English Common Law
- Constitutionalism in the Middle Ages
- The Corpus Iuris Canonici
Across these topics, particular attention will be paid, where appropriate, to practices of legal interpretation and the transmission of legal knowledge, also explored through parallels with contemporary forms of text analysis, including artificial intelligence, highlighting both continuities and challenges.
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
- Describe the framework of the historical evolution of the law in Europe
- Recognize the different sources of law from the Middle Ages to Early Modern period
- Retrace the historical origins and evolution of some fundamental legal principles of both private and public law
- Understand the main features of legal interpretation as a historical practice and its relationship to contemporary forms of text analysis, including those involving artificial intelligence
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
- Understand the current European legal systems from a historical perspective
- Understand the evolution of jurisprudence as interpretation of law (iuris-prudentia) in European legal history
- Seek to reflect on the further development of law by understanding the historical origins of modern legal systems
- Enhancing the analysis of legal texts by developing historical and interpretative skills, and by making critical comparisons with AI-assisted forms of text analysis
Teaching methods
- Lectures
- Guest speaker's talks (in class or in distance)
- Interaction/Gamification
DETAILS
Students will be expected to participate actively in class and read and discuss the sources and materials provided by the instructors. Where appropriate, selected activities may involve using digital tools, including AI-based text analysis, to help interpret legal sources and encourage critical comparisons between different forms of analysis.
At the end of each section, the topics discussed in class will be reviewed through game-based learning activities such as quizzes and brainstorming.
Assessment methods
| Continuous assessment | Partial exams | General exam | |
|---|---|---|---|
|
x |
ATTENDING STUDENTS
Attending students will be asked to take the exam on the contents of the lessons and the materials shared in class. The final exam consists of 1 open ended question (max 10 pts) and 22 multiple choice questions (1pt each). Active participation in class will be evaluated as well.
The exam is class-specific.
Multiple-choice questions are mainly aimed at testing the learning of the contents and the concepts illustrated in the course lessons, materials or textbooks, and their correct understanding. Students will score 1 pt for each correct answer, and 0 pts for uncorrect or non-given answers.
The open ended questions are aimed at assessing students' ability to understand and critically retrace the historical evolution of some of the legal concepts analyzed in class or in the study materials. Likewise, voluntary participation in classroom activities also shares the same purposes and, therefore, an identical assessment by the instructor.
The final score is the sum of the points earned for correctly answering the multiple-choice questions, plus the teacher's evaluation of any open-ended answers and participation in the activities.
NOT ATTENDING STUDENTS
Non-attending students will be asked to take the final exam on the contents of the suggested textbooks. The exam consists of 1 open ended question (max 10 pts) and 22 multiple choice questions (1pt each).
Please note: students enrolled in class 0 take the exam as non-attending students.
Multiple-choice questions are mainly aimed at testing the learning of the contents and the concepts illustrated in the course materials and textbooks, and their correct understanding. Students will score 1 pt for each correct answer, and 0 pts for uncorrect or non-given answers.
The open ended questions are aimed at assessing students' ability to understand and critically retrace the historical evolution of some of the legal concepts analyzed in the study materials.
The final score is the sum of the points earned for correctly answering the multiple-choice questions, plus the teacher's evaluation of any open-ended answers.
Teaching materials
ATTENDING STUDENTS
Attending Students:
Notes from the lessons and contents shared in class.
Selected materials will be indicated by the instructors.
Please note: the exam is class specific. Students enrolled in class 0 take the exam as non-attending students.
NOT ATTENDING STUDENTS
Non-Attending Students:
Antonio Padoa-Schioppa, A History of Law in Europe. From Early Middle-Ages to the Twentieth Century, Cambridge 2018, from page 1 to page 228.
Antonio Manuel Hespanha, Legal History and Legal Education, in Rechtsgeschichte 4, 2004, 41-56 (available online).
James Q. Whitman, From Masters of Slaves to Lords of Lands. The Transformation of Ownership in the Western World, Cambridge, 2025.
Please note: students enrolled in class 0 take the exam as non-attending students.
Last change 29/04/2026 15:14