507309 - History of Juridical Institutions in Late Antiquity and in Early Middle Age

courses

ID:

507309

Duration (hours):

36

CFU:

SSD:

DIRITTO ROMANO E DIRITTI DELL'ANTICHITÀ

Year:

2025

Date/time interval

Secondo Semestre (23/02/2026 - 22/05/2026)

Course Objectives

This course is meant to give a general overview on the main questions
arised by the study of law in a time manced by the end of the Western
Roman Empire and the settling of barbarians in roman provinces.

Course Prerequisites

Good knowledge of ancient and medieval history; adequate logical skills;
aptitude for reasoning.

Teaching Methods

and, in particular, in Italy.
Direct Teaching. The comparison with the ancient and medieval sources,
historical and legal is constant. When possible, the lessons are introduced
with the examination of photocopies of documents distributed to
students. To the students is made available a written description of the
main content of the course - illustrated during each lesson - in the form of
global summary of the topics.

Assessment Methods

Oral examination. The exam consists of an oral examination, which
includes an adequate number of questions to assess the candidate's
knowledge. Knowledge and critical understanding of the content are
checked. The vote is the average of the votes assigned to each answer.

Texts

Attenders:
V. MAROTTA, Appunti di storia del diritto tardoantico e altomedievale.
Please read:
L. Loschiavo, L’età del passaggio. All’alba del diritto comune europeo
(secoli III-VII), Second Edition, G. Giappichelli Editore, Torino, 2019.
Non-attending Students:
Please read:
Gasparri, C. La Rocca, Tempi barbarici. L’Europa occidentale tra antichità
e medioevo (300-900), Roma, Carocci, 2012.
L. Loschiavo, L’età del passaggio. All’alba del diritto comune europeo
(secoli III-VII), G. Giappichelli Editore, Torino, 2019.
Concerning the analysis of specific topics, the students have to agree
with the professor upon the programme which best suits their interests

The course deals with the history of marriage and family between the IV
and the VIII century and the juridical problems concerning the
accommodation of barbarians in the West.
Introduction. The constitutio Antoniniana and the Romanitas: Aristocracy
and inferior social classes. Late Antiquity law and our main sources of
knowledge about it: codex Theodosianus, codex repetitae praelectionis
and barbarian laws (with a special regard towards the Pactus legis
Salicae). 1. The Marriage. The christian influence. Indissolubility. Roman
rules. Biblical revelation and Fathers of the Church. Inceste and
prohibited marriages. The customs of Germanic peoples. 2. The settling
of barbarians in the provinces of the Empire: foederati, dediticii, laeti and
gentiles. The ius militare in the codex Theodosianus. Expropriations and
settling in the barbarian kingdoms. Ostrogothic Italy. Lombards and Land.
and, in particular, in Italy.