HISTORY OF CONSTITUTIONS AND MODERN CODIFICATIONS
Program Overview
Program Details
The program in question is the "Storia delle Costituzioni e delle Codificazioni Moderne" (History of Modern Constitutions and Codifications) offered by the University of Genoa.
Presentation
This course presents a detailed overview of the evolution of law, legal science, and practice in the era of codification (19th-20th centuries) from a European perspective. It is fundamental for understanding the development of the legislative tool "code" and European legal systems up to the present day, knowledge that is indispensable for any legal operator.
Objectives and Contents
Educational Objectives
The theoretical foundations (from Hobbes to Beccaria) and normative achievements (from the Colbertine Ordinances to the Napoleonic Code) that constitute the roots of modern and contemporary European law; the realization of the first modern constitutions and codes. Evolution of codified law from 1837 to 1942; historical experience and future perspectives of the legislative tool code in the current debate on European law.
Detailed Educational Objectives and Learning Outcomes
The objective of the course is to acquire critical awareness of the historical dimension of the current legal phenomenon, therefore of the key passages in the transition from common law to codified law and the doctrinal foundations of modern and contemporary constitutions and codifications.
At the end of the course, attendance, participation in the proposed training activities, and individual study will allow:
- Knowledge and understanding of the fundamental lines of the history of codifications from the 18th century to the present day;
- Interpretation and contextualization of legal sources and institutions of modern and contemporary ages;
- Evaluation of the connections between legal history and political, social, and economic history;
- Definition of a methodological framework of reference in the use of sources and historiography; And therefore to:
- Formulate a critical approach to legal experiences in European countries between the 18th and 20th centuries.
Prerequisites
It is assumed that students have acquired the necessary general cultural foundations in history.
For profitable attendance, it is recommended to have followed the course of "Storia del diritto medievale e moderno" (History of Medieval and Modern Law) and, in particular, before the start of the course, it is recommended to review chapter V, Ï 1-7 of the textbook by P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages).
Teaching Methods
The course consists of frontal lessons in the classroom with video projection support, for a total of 36 hours. The concepts object of the Program will be exposed, clarified, and exemplified, which must then be acquired in personal work. The slides projected during the lesson will be made available, along with updates related to the course and other teaching materials, on the e-learning platform "Aulaweb".
Attendance at lessons is recommended, and it will be recorded according to the methods that will be explained by the teacher during the first meetings.
To facilitate learning, students can use the support of teachers (in addition to during lessons, during reception days and hours indicated below), cultors of the subject, and tutors.
Those who have certifications for Specific Learning Disorders (SLD), disabilities, or other educational needs are invited to contact the teachers and the reference person for disability of the School/Department at the beginning of the course to agree on any didactic methods that, in respect of the objectives of the teaching, take into account individual learning methods.
Program/Content
The course includes the presentation and discussion of the following topics:
- The legislative tool "code". Codes and constitutions;
- The Enlightenment and reform instances;
- The French Revolution. Constitutions and attempts at civil codification;
- The order of the Code Civil and Napoleonic codification;
- Codification in the German area;
- The Restoration and pre-unitary codes;
- The liberal idea and the Albertine Statute;
- Civil Code and national legal identity in Italy;
- The codes of the historical right and left and codification in the 20th century;
- Codification and decodification in contemporary times.
Texts/Bibliography
Attendees: In addition to notes and slides, the following textbooks will constitute an integral and necessary part for passing the exam:
- P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025 edition), limited to chapters V from Ï 8 to Ï 12, VI, VII.
- R. Ferrante, "Un secolo sš legislativo. La genesi del modello otto novecentesco di codificazione e la cultura giuridica" (A Legislative Century. The Genesis of the Eighteenth-Twentieth Century Codification Model and Legal Culture), Torino, Giappichelli 2015.
Non-attendees: The following textbooks will constitute an integral and necessary part for passing the exam:
- P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025 edition), limited to chapters V from Ï 8 to Ï 12, VI, VII, and IX.
- R. Ferrante, "Un secolo sš legislativo. La genesi del modello otto novecentesco di codificazione e la cultura giuridica" (A Legislative Century. The Genesis of the Eighteenth-Twentieth Century Codification Model and Legal Culture), Torino, Giappichelli 2015.
Erasmus attendees: The following textbook will constitute an integral and necessary part for passing the exam:
- P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025 edition), limited to chapters V from Ï 8 to Ï 12, VI, VII.
Erasmus non-attendees: The following textbook will constitute an integral and necessary part for passing the exam:
- P. Alvazzi del Frate, M. Cavina, R. Ferrante, M. Miletti, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025 edition), limited to chapters V from Ï 8 to Ï 12, VI, VII, and IX.
Teachers and Commissions
- Maura Fortunati
- Federica Furfaro Degasperi
Reception
- Maura Fortunati: Monday, 9:00-12:00, at the Department of Law, Via Balbi 30/6, section of History of Law, 2nd floor, 16126 Genoa. For other days and hours, by appointment. It is necessary to contact the teacher in advance via email.
- Federica Furfaro Degasperi: Tuesday, 09:30-12:00, at the Department of Law, Via Balbi 30/6, section of History of Law, 2nd floor, 16126 Genoa. For other days and hours, by appointment. It is necessary to contact the teacher in advance via email. It will also be possible to hold the reception remotely on the Teams platform, always by prior agreement via email to set the day and time.
Examination Commission
- Maura Fortunati (President)
- Riccardo Ferrante
- Roberta Braccia (Alternate)
- Daniele Colonna (Alternate)
- Matteo Carmine Fiocca (Alternate)
- Federica Furfaro Degasperi (Alternate)
- Daniele Rosa (Alternate)
- Rodolfo Savelli (Alternate)
- Lorenzo Sinisi (Alternate)
- Daniela Tarantino (Alternate)
Lessons
Start of Lessons
First semester as per calendar.
Lesson Schedule
The schedule of this course can be found at: EasyAcademy Portal.
Exams
Examination Methods
The final exam consists of an oral test before a special commission, based on the indicated materials. The final grade is awarded in thirtieths. To take the exam, it is necessary to enroll in the chosen ordinary appeal. It is strongly recommended to cancel the enrollment in case of renunciation to present oneself to the exam.
Erasmus attendees: The final exam will be oral and based on the following text: P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025), chapters V from Ï 8 to Ï 14, VI, and VII.
Erasmus non-attendees: The final exam will be oral and based on the following text: P. Alvazzi del Frate, M. Cavina, R. Ferrante, N. Sarti, S. Solimano, G. Speciale, E. Tavilla, "Tempi del diritto. EtÁ medievale, moderna e contemporanea" (Times of Law. Medieval, Modern, and Contemporary Ages), Torino, Giappichelli (2022 or 2025), chapters V from Ï 8 to Ï 14, VI, VII, and VIII.
Assessment Methods
With the final oral exam, the learning and understanding of the indicated Program will be evaluated, through a plurality of questions posed by the commission. It will be necessary to be able to:
- Understand the importance of the historical dimension of the current legal phenomenon;
- Remember and appreciate the fundamental lines of the history of codifications from the 18th century to the present day;
- Interpret and coordinate legal sources and institutions of modern and contemporary ages;
- Compare the legal experiences of European countries between the 18th and 20th centuries;
- Discover the connections between legal history and political, social, and economic history;
- Evaluate the historical experience and future perspectives of the legislative tool "code" in the current debate on European law.
For this purpose, the quality of the exposition, the correct use of legal terminology, and especially the ability to critical reasoning on the studied contents will constitute evaluation parameters.
Students with a disability or SLD certification can request to use compensatory measures (e.g., additional time, conceptual maps and schemes, modifications in the written/oral mode) during the exams, following the procedure indicated in the guidelines published online.
Exam Calendar
| Exam Date | Time | Location | Type | Notes |
|---|---|---|---|---|
| 11/12/2025 | 09:30 | Genoa | Oral | |
| 08/01/2026 | 09:30 | Genoa | Oral | |
| 28/01/2026 | 09:30 | Genoa | Oral | |
| 27/05/2026 | 09:30 | Genoa | Oral | |
| 09/06/2026 | 09:30 | Genoa | Oral | |
| 22/06/2026 | 09:30 | Genoa | Oral | |
| 15/07/2026 | 09:30 | Genoa | Oral | |
| 09/09/2026 | 09:30 | Genoa | Oral |
Agenda 2030
Quality Education
The course contributes to the promotion of Goal 4 - Quality Education of the 2030 Agenda for Sustainable Development, ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all.
