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Course 2021-2022 a.y.

50213 - ROMAN LAW - MODULE 2 (ROMAN FOUNDATIONS OF EUROPEAN LAW)

CLMG
Department of Law

Course taught in English

Go to class group/s: 19 - 20

CLMG (6 credits - II sem. - OB  |  IUS/18)
Course Director:
FEDERICO PERGAMI

Classes: 19 (II sem.) - 20 (II sem.)
Instructors:
Class 19: EMILIO CAROLI, Class 20: ANTONIO BANFI


Suggested background knowledge

To feel comfortable with this course, you should be familiar with Roman Law I (Institutes of Roman Law).


Mission & Content Summary
MISSION

The course aims to analyse the historical evolution of Roman law and its reception in contemporary European legal systems with particular reference to the principles of fair trial (public hearing, reasonable time, independent and impartial tribunal, presumption of innocence).

CONTENT SUMMARY

The course provides a general introduction to the reception of Roman jurisprudence into modern European legal systems. Starting with an historical overview of Roman institutions from the Regal period (VIII century BC) to the reign of Justinian (VI century AD), students are introduced to the main aspects of Roman private and public law and their persistence in the current European legal systems.
The Roman legal procedure is dealt with in depth. In particular, the core of the course is dedicated to the “Right to a fair trial”, as designed by Article 6 of the European Convention on Human Rights, as well as numerous international declarations and national constitutions (Article 111 of the Italian Constitution).
 


Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

At the end of the course students will be able to estimate the influence of Roman law in contemporary European legal sysstems and to recognize the relevance of the historical legal experience in the training of a European jurist.

APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...

Students will be able to understand how the need for a fair trial constitutes a "historical constant" and that the principles set out in art. 6 ECHR and art. 111 of the Italian Constitution are the result of a historical evolution that finds its roots in Roman law. This awareness has inevitable repercussions in the practice of law and in the cultural formation of the contemporary jurist. Furthermore, by analyzing the law in its historical evolution, students will be able to develop a particular skill in the interpretation of contemporary legal systems.


Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
  • Group assignments
DETAILS

•    Face-to-face lectures
•    Guest speaker's talks (in class or in distance)
•    Case studies /Incidents (traditional, online)
•    Group assignments
 


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x  
  • Oral individual exam
  •     x
  • Individual assignment (report, exercise, presentation, project work etc.)
  • x    
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
  • Active class participation (virtual, attendance)
  • x    
  • Peer evaluation
  • x    
    ATTENDING STUDENTS

    Attending students are tested on the cases and materials discussed throughout classes in the general oral exam, attributing up to 60% of the final grade. The remaining 40% of the final grade is based on the groups’ presentations. Active class participation is also taken into account.

    The oral exam is designed to test how students master the influence of Roman Law on contemporary legal systems as well as their ability to critically interpret contemporary legal systems in light of their historical roots.

    The group presentations aim to evaluate the students' ability to work on selected cases and to apply the acquired knowledge for the interpretation and practical application of the principles of the fair trial. Furthermore, the presentations aim to evaluate the student's ability to argue the evolutionary profiles of the jurisprudence of the European Court of Human Rights and the Italian Constitutional Court in the matter of fair trial”

    NOT ATTENDING STUDENTS

    Non attending students are tested on the textbook in the general oral exam, attributing up to 100% of the final grade.

    The oral exam is designed to test how students master the influence of Roman Law on contemporary legal systems as well as their ability to critically interpret contemporary legal systems in light of their historical roots.


    Teaching materials
    ATTENDING STUDENTS

    Students are tested on the readings (including cases and papers) published on the BBoard platform and/or delivered during the lessons as well as on the following handbooks:
    - P. STEIN, Roman Law in European History, Cambridge 1999, ISBN 978-0521643795
    - R. ZIMMERMANN, Roman Law, Contemporary Law, European Law: The Civilian Tradition Today, Oxford 2001, ISBN 978-0198299134 (selected parts will be indicated during the course)
     

    NOT ATTENDING STUDENTS

    Students are tested on the handbooks:
    - P. STEIN, Roman Law in European History, Cambridge 1999, ISBN 978-0521643795
    - R. ZIMMERMANN, Roman Law, Contemporary Law, European Law: The Civilian Tradition Today, Oxford 2001, ISBN 978-0198299134
     

    Last change 28/06/2021 12:22