Course 2024-2025 a.y.

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).
 

estimate the influence of Roman law in contemporary European legal systems and to recognize the relevance of the historical legal experience in the training of a European jurist.

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 education of  contemporary jurists. Furthermore, by analyzing the law in its historical evolution, students will be able to develop a particular skill in the interpretation of the sources of law.

• Lectures
• Guest speaker's talks (in class or in distance)
• Collaborative Works / Assignments

The learning experience of this course includes, in addition to face-to-face lectures, the carrying out of group works, during which students will be actively involved in finding and reading the sources that allow the reconstruction of the historical-legal path that led to the development of the so-called civil law systems.

The partecipation of subject matter experts and researchers who deal with some of the individual issues concerning the contents of the course will enrich the class experience from a comparative and multidisciplinary perspective.

Students, organized in groups, will be asked to write a paper, with the constant guide of the Lecturer, and to discuss it class.

The objective is to understand - through the direct use of legal texts - the role of Roman law in the course of European and Western legal history in general, and with particular reference to the civil procedural law and the main topic of the course: the historical evoltion of "fair trial", from the aequum iudicium to the right of a fair trial.

Attending students will be asked to take the exam on the content of the lessons and the materials shared in class. The final exam consists of 15 multiple choice questions (2 points each).

The oral discussion in class allows for the acquisition of additional points: from 0 to 3, depending on the effort demonstrated throughout the entire course, the quality of the work completed, the oral presentation, and the ability to work in a team.

The final 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.

Class participation aims 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 partial exam aims 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.

Non-attending students will be asked to take the final exam on the contents of the suggested textbooks.

The final exam consists of 2 open ended question (max 4 pts each) and 12 multiple choice questions (2 pts each).

The final 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.

Attending Students are tested on the readings (including cases and papers) shared by the lecturers in class and uploaded on the BBoard platform as well as on the content of the following volumes:

• P. Stein, Roman Law in European History, Cambridge 1999;
• F. Pergami, Roman Foundations of European Law, Turin 2024.

Non-Attending Students are tested on the handbooks:

• P. Stein, Roman Law in European History, Cambridge 1999;
• P.J. Du Plessis, Borkowski’s Textbook on Roman Law, Oxford 2020 (chapter 3: Roman Litigation);
• F. Pergami, Roman Foundations of European Law, Turin 2024.