HISTORY OF ROMAN LAW

Knowledge and Understanding
Object of the course is the constitutional history of Rome. It starts from the Monarchy: the stories of the ancient writers will be followed in strict connection with the sometimes very critical evaluation of them by modern scholars. The king and its constitutional position together with the other institutional elements will be studied and deepened. After the sudden end of the Monarchy much attention will be dedicated to the controversial stages of the so called passage from the Kingship to the Republic. Then the magistratures, the popular assemblies and the senate will show the mature working of this age, ending with the third era, the Principate (later Dominate), its legal definition; the feeble persistency of the old republican organs in the new system with its new establishment and local as well as central administrative and fiscal organization. The legal sources and the work of the jurists will be appropriately investigated.
Capability to apply knowledge and understanding
Roman constitutional law throws a light on fundamental concepts, as sovereignty and state machinery, which are relevant for the present time too. “Anatomy” and “physiology” of the Roman public leg. system will show how the modern leg. civilization arose and its permanent connections with the always changing social background.

Frontal lessons, question time, in-depth studies on individual institutions.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

The Kingship and its structure between the sources and the scholars’ doctrines. The King and other organs of the monarchical constitution; the interregnum and the succession. – From the Kingship to the Republic: the progressive settlement of the republican structures; role and influence of the plebeian struggles over the constitutional changes. The res publica and its organs: magistrates; popular assemblies; senate. – The time of the emperors: the Principate and its juridical character; new role of the old republican organs; the organs of the new regime; local administrative and fiscal administration.

F. ARCARIA – O. LICANDRO, Diritto romano. I - Storia costituzionale di Roma, G. Giappichelli Editore, Torino 2014, pp. 1-81, 117-188, 221-301 e 333-422.

N.B.: The frequenter students can arrange whit the teacher a personalized program on the ground of notes of the lections und particular forms of examination.