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INTRODUCTION TO CIVIL AND COMMON LAW

Module 1

Program

Updated A.Y. 2019-2020

The Course is divided in two Modules, as follows:
First Module
Course Description
The course deals with the civilian tradition of European law, and will be concentrated on the idea of contract in Roman law and in Civil law.
Teaching Method
Lectures in class
Schedule of Topics
Topic 1
Roman law Topic 2 Civil law
Topic 3
Contract law
Textbook and Materials
The exam will be focused on the following articles (copies will be provided during classes or by the BA Programme Student’s Office):
1) R. Fiori, The Roman conception of contract, in T. A. J. McGinn (ed.), Obligations in Roman Law. Past, Present, and Future, University of Michigan Press, Ann Arbor 2012, pp. 40-75
2) R. Fiori, Rise and fall of the specificity of contracts, in B. Sirks (ed.), Nova Ratione. Change of paradigms in Roman law, Harrassowitz Verlag, Wiesbaden 2014, pp. 33-49
3) R. Fiori, Contracts, Commerce and Roman Society, in P. J. du Plessis - C. Ando - K. Tuori (eds.), The Oxford Handbook of Roman Law and Society, Oxford University Press, Oxford 2016, pp. 581-595
It is highly advised the reading of the following textbook:
4) P. Stein, Roman law in European history, Cambridge University Press, Cambridge 1999
Second Module
Course Description
This part of the course deals with the common law tradition of European law with a particular emphasis on mentality, reasoning and methods in their historical perspective.
Teaching Method
Lectures in class
Schedule of Topics
Topic 1
General introduction to the common law tradition and the context of its development Topic 2 The traditional court system
Topic 3
Common law procedure I. The writ system Topic 4 Common law procedure II. The pleading system
Topic 5
Common law procedure III. The jury and the evidence Topic 6 The modernisation of the court system
Textbooks
1) J. H. Baker, An Introduction to English Legal History, Oxford University Press, 4. ed., 2002.
2) S. F. C. Milsom, Historical Foundations of the Common Law, Oxford University Press, 2. ed.,
1981.
Further Reading
1) T. F. T. Plucknett, Early English Legal Literature, Cambridge University Press, 1958.
2) R. C. van Caenegem, The Birth of the English Common Law, Cambridge University Press,
2. ed., 1988.
3) J. Black, A New History of England, The History Press, 2. ed., 2008.
Assessment
First module: Final oral exam. Attendance of classes is strongly recommended.
Second module: Final oral exam. Attendance of classes is strongly recommended.
Office hours
Please contact Professor Yves Mausen: yves.mausen@unifr.ch
Prof. Fiori will receive students at the Department of Law (office hours are showed on the website DidatticaWEB: http://didattica.uniroma2.it/docenti/curriculum/4157-Roberto-Fiori) or after classes.
roberto.fiori@uniroma2.it
NOTE: Since the course is provided for a limited number of students, Erasmus or non-Global Governance students who would like to attend the course need to contact the Secretariat of Global Governance by e-mail global.governance@uniroma2.it for registration and inform the Professor of the course. They are required to sign a code of conduct like all Global Governance students, accepting all values and rules. Please read it carefully before enrolling and notice that attendance is required from the very first lesson.