Course 2024-2025 a.y.

The course provides students with an introduction to the origins and the subsequent evolution of the common law tradition, which emerged, in the XI century, in contrast to the Roman civil law. The common law tradition originated from the practices of the English royal courts in the centuries following the Norman Conquest of England in 1066.

Although the early common law scholars and judges were familiar with Roman law, the development of the common law had progressed to a point where it diverged from the reception movements experienced in the same decades on the European continent. Within the common law tradition the discourse about law and government also influenced the evolution of constitutionalism; consequently the course focuses on both the origins and the developments of both English and American constitutional experiences. Finally the course focuses on the evolution of rights and liberties discourse in 19th and early 20th century history.

The course will trace the evolution of this system and its significance in shaping the figure of the contemporary global jurist.

• have a solid legal-historical education, in order to better appreciate the origins and the evolution of common law, from the early Middle Ages to the 20th Century;
• know the evolution of the sources of law, from the collapse of the Roman Empire till nowadays;
• be able to distinguish the following periods of legal history and identify their main characters: Early and Late Middle Ages; Early Modern period; Age of Revolutions; Contemporary period (19th-20th century);
• value the importance of legal history in order to better understand the current legal system and its sources

• recognize the historical origins of contemporary legal terminology and the general framework of common law system;
• interpret positive rules in light of their historical evolution from the Middle Ages to the Contemporary legal experiences;
• build a legal reasoning that takes into account the origin of the norms;
• value the importance of legal history to elaborate an answer to the question: ‘Are we heading towards Global Law’?

• Lectures
• Individual works / Assignments
• Interaction/Gamification

tbd

ATTENDING STUDENTS will be asked to take the final written exam on the contents of the lessons and the materials shared in class. The exam consists of 1 non-mandatory open ended question (max 4 pts) and 15 multiple choice questions (2 pts each). Active participation in class discussions and activities will be evaluated as well (max 3 pts).

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 2 pts for each correct answer, and 0 pts for uncorrect 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.

A score of 18 or higher is considered a passing grade; a score of 31 or higher is considered a cum laude grade.

NON-ATTENDING STUDENTS will be asked to take the final written exam on the contents of the suggested textbooks and papers (see the Teaching materials section). The exam consists of 2 mandatory open ended question (max 4 pts each) and 12 multiple choice questions (2pt each).

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 2 pts for each correct answer, and 0 pts for uncorrect 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.

A score of 18 or higher is considered a passing grade; a score of 31 or higher is considered a cum laude grade.

Russell Sandberg, A Historical Introduction to English Law. Genesis of the Common Law, Cambridge: Cambridge University Press, 2023

C.H. Mcllwain, Constitutionalism: Ancient and Modern, Indianapolis: Liberty Fund, 2008 (available online)

Papers, documents and materials will be shared in class by the Lecturer.

Russell Sandberg, A Historical Introduction to English Law. Genesis of the Common Law, Cambridge: Cambridge University Press, 2023

Antonio Padoa Schioppa, A History of Law in Europe. From the Early Middle Ages to the Twentiwth Century, Cambridge 2017.

J. Ely Jr., Property Rights in American History, FMF (2008)

John M. Keynes, The End of Laissez-Faire, London, Leonard & Virginia Woolf at The Hogarth Press, 1926.