STORIA DEL DIRITTO CONTEMPORANEO
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
History of medieval and modern law exam must be passed beforehand.
The actual degree of knowledge reached by the students can be assessed at the beginning of every class (frontal lesson or through Microsoft Teams). The students will interact directly with the professor in resuming the previous statements, or asking questions, or examining them closely. All the students are requested to take part, as to become more confident in addressing in a large audience.
The final examination will take place before an examination board, according to the current academic rules, and the mark will be in fractions of 30.
The final examination will run as follow. First, a question of general contents, then a number of questions on more specific issues, as to ascertain the acquisition of the notions requested (60%), the appropriate understanding and the use of legal terminology (20%), the ability in logic and discourse structuring (20%).
Students, as they reply the questions, should respect the linkage of the historical events as well as the historical evolution of principles and rules of law, and should demonstrate to be able to make connections and comparisons among the various subjects treated.
The course aims to illustrate the genesis and development of criminal codification (law and trial) from juridical Enlightenment to fascism. The students will be introduced to the origin and the affirmation of some principles still in force in the Western countries, such as the principle of legality, the presumption of innocence, the individual criminal liability. Some important and problematic issues will be examined from a historical and evolutionary point of view: for example the death penalty legitimacy. About the trial, we will analyze the two main models of legal trials, the inquisitional system and the accusatory system, and their rotation throughout history. About evidences, we will highlight the difference between the legal evidence system and that of the judge’s free conviction.
The course aims to acquire knowledge of the notions requested with the appropriate understanding, the use of legal terminology and the ability in logic and discourse structuring.
The course deals with the development of criminal law and criminal trial starting with juridical Enlightenment, when the foundations of the principles still in force in the Western countries are laid. Special attention will be paid to thought of Cesare Beccaria, Montesquieu, Voltaire, Rousseau, and to his influence on the reforms of some enlightened sovereigns (the Habsburgs, the Prussians and the Bavarians) and the French revolutionaries. After examining the Napoleonic codification and the legislations of Restauration, we will focus on some aspects of Italian criminal law and criminal trial after Unification.
Lessons will be conventional or on line and held whit PowerPoint; sources and documents will be uploaded to e-learning platform.
1) Adriano CAVANNA, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, vol. 2, Milano, Giuffrè, 2005, or other editions, pieces indicated in class.
2a) Ettore Dezza, Saggi di storia del processo penale nell'età della codificazione, Padova, Cedam, 2001: essays indicated in class.
2b) o alternatively Ettore Dezza, Lezioni di storia della codificazione civile, Giappichelli, ultima edizione: pieces indicated in class.
NON-ATTENDING STUDENTS:
1) Adriano CAVANNA, Storia del diritto moderno in Europa. Le fonti e il pensiero giuridico, vol. 2, Milano, Giuffrè, 2005 or other editions, except pages 253-291, 359-392.
2) Ettore Dezza, Lezioni di storia della codificazione civile, Giappichelli, latest edition, pp. 81-106.