Corsi di Studio del Dipartimento di Giurisprudenza

The course aims to offer Students, through an innovative methodological perspective, tools for the critical reading of medieval and early modern Legal History useful for the interpretation of contemporary social, anthropological and legal issues. The main objective will therefore be to introduce Students to the knowledge of the main theoretical and practical issues of ius commune, highlighting the historical roots of current European Legal Systems. A further training objective is to develop in the Students a critical self-awareness in the perception of the role of the contemporary jurist in the light of some principles of university education in the pre-modern legal cultural tradition.

Knowledge of the Medieval Legal System and Order; ability to critically reason about medieval legal sources; acquisition of a methodology and technical language appropriate to legal-historical studies. Development of an ability to critically analyse the main contemporary legal issues in the light of the centuries-old cultural models that have informed the European Legal Tradition.

The programme will be divided into two interconnected parts. The first part of the course, of an introductory nature, will focus on the analysis of the models of the Western historical-legal tradition. In particular, it will be aimed at highlighting the need for the recovery of a cultural tradition rooted in the history of medieval ius commune thought and practice for the training of contemporary jurists. Therefore, the relationship with the scholastic and theological-legal tradition, the relationship between ethics and law, the dialectic between natural law and positive law, especially in the doctrinal experience of medieval civil law and canon law will be analysed.

The second part of the course, of a monographic nature, will be devoted to the analysis of the legal and theological foundations in the works of Dante Alighieri and the use of ius commune and patristic sources in the Divine Comedy. These topics will be closely linked to the general part and thus functional to provide, through the analysis of historical sources, tools for the interpretation of contemporary law.

The lessons will be held face-to-face on Monday and Tuesday from h. 12.00 to h. 14.00.

There will be scheduled student interventions on parts of the programme.

Any additional or recovery lessons  can be carried out in mixed mode (in presence and streaming ) or totally in streaming, or video recorded. In any case, appropriate communications will be provided if such a need arises.

Students are kindly invited to enroll in the course on both Campusnet and Moodle.

The examination will take place by means of a dialogue with the Student whose questions will focus on the topics covered by the course and will be aimed at verifying the Student's critical ability to elaborate on the learning content and the acquisition of the appropriate historical categories and legal terminology..

The grade will be expressed in thirtieths. Students who achieve an independent vision of the themes explored in class, combined with good critical capacity, a command of expression using precise language, will be assessed with a very good or excellent grade (28–30 and honours); a primarily mnemonic or somewhat under developed acquisition of the contents of the course, with a linguistic and logical competence which is not always adequate will be valued with a grade from fair (21–24) to good (25–27); a minimal level of understanding of the contents of the course, combined with gaps in training or inadequate linguistic and logical competence, will earn a sufficient grade (18–20); the absence of the minimal level of understanding of the course contents, combined with inadequate linguistic and logical competencies and with training gaps, will produce an insufficient grade (<18/30).

The teacher is at the disposal of Students for clarifications or other teaching needs. In particular, students with disabilities or DSAs are invited to report specific needs, in order to define any possible arrangements for participation in lessons and examinations, in compliance with the guidelines adopted by the University and according to the indications given on the web pages dedicated to services for inclusion: https://www.unito.it/servizi/inclusione-ed-esigenze-specifiche.

During the Academic Year seminars, summer/winter schools and workshops can be activated. News will be given during the lessons.

For the Students attending lectures are also required:

1. Dante, Monarchia, edizione commentata a cura di D. Quaglioni, Milano, Mondadori, 2015, (or other edition);

2. Dante, La Divina Commedia, a c. di C. Ossola, Venezia, Marsilio, 2021 (or other edition) 

NOTES TO THE EXAMINATION PROGRAMME

For attending Students:

During the lectures, the parts of the volumes Civitas iuris and La diritta via that will be covered in the examination programme will be indicated.

For non-attending Students, the programme to prepare for is as follows:

1) From the volume Civitas iuris:

Capitolo I: I confini storici del diritto (in full) ; Capitolo II: I formanti del diritto comune occidentale (in full); Capitolo V: Il seme della protomodernità: un quadro d’insieme (in full); Capitolo VI:  Metamodernità giuridica: per l’individuazione di un nuovo paradigma (in full)

2) A choice of one of the following volumes: V. Gigliotti, La diritta via (chapters I-III) or L. Loschiavo, L'età del passaggio (in full)