The course aims to recognize the theoretical foundations of modern and contemporary constitutions and codifications and the basis of the present legal order, to determine the inter-individual relationships and the relations among state powers. Constitutions and codes reproduce and interpret all the innovations and limits that mark originality and vitality within a stated historical experience. It follows that the legal order seems to be the result of a long time ‘negotiation’ indispensable to social peace and to the satisfaction of private and public interests.
PART I - INTERPRETATION OF MODERN AND CONTEMPORARY CODES
The first part of the course aims to investigate the origin of contemporary codes through the study of the greatest eighteenth century consolidations and modern codifications, with special regard to the French, Austrian and German legal experiences. Special emphasis will be given to the origin and success of the Napoleonic Civil Code, and to the analysis of its great influence on the Italian Civil Code (1942).
PART II – MODERN CONSTITUTIONS BETWEEN OLD AND NEW WORLD
The second part of the course will be devoted to the analysis of the theoretical roots of modern constitutions in the aftermath of the French and American Revolutions. The elements of continuity between the modern and the contemporary constitutional experiences will be especially assessed in the light of the complex relationship between ‘law’ and ‘freedom’ and with special regard to the Italian Constitution.
|M. FIORAVANTI||Appunti di storia delle costituzioni moderne. Le libertà fondamentali.||Torino||1995|
|E. Dezza||Lezioni di storia della codificazione civile: il Code civil (1804) e l'Allgemeines Bürgerliches Gesetzbuch (ABGB, 1812).||G. Giappichelli Editore||2000|
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