The PhD programme Ius Civile. History and Theory of Private Law focuses on the legal tradition of private law – in its broadest sense – seen both from a historical perspective and in its current dimension. The programme, therefore, has an interdisciplinary character and arises from the awareness of the intrinsic historicity of law and the need to examine legal institutes in their context, with an eye to past and future developments. The study of Roman law is aimed at the origin of the institutes, reconstructing their formation, and identifying the concepts that constitute the theoretical tools of the modern jurist. The study of private law gathers the outcome of the historical path that the legal institution has accomplished, investigating its theoretical nature and applications in the contemporary world. History helps bridge the gap between ancient and modern models that a simple typological comparison fails to highlight, and suggests the reasons for the continuity or discontinuity in the structure of the institutions, while, on the other hand, the path that leads to modernity helps in understanding the historical phenomena. It may be helpful to use the German term Dogmengeschichte to evoke the image of dogmatics built in history, in the constant dialogue between past and present, between Roman law and contemporary law. Of course, since this path is not limited to Italian law but extends both to the entire Civil law system – and even beyond, in consideration of the substantial interference with the Common law in some areas – and to the European processes of harmonisation of law, the participation of foreign scholars in the PhD Board represents a sure enrichment of the programme.
The interdisciplinary character of the PhD justifies the presence of scholars of private law (IUS/01), commercial law (IUS/04), economic law (IUS/05), labour law (IUS/07), and Roman law (IUS/18).
Consistent with the educational project, the privileged object of study for doctoral students will be the private law institutions studied in their various historical phases up to the current configuration. The doctoral student can choose to focus on Roman law, on current law, or trace the history of the institution, identifying its salient features in the construction of the modern configuration. In any case, the study of the institution in each time segment cannot ignore its contextualisation. Notwithstanding the specific research topic, each doctoral student will have the opportunity to expand the scope of their knowledge thanks to meetings, lessons and seminars, set up in an interdisciplinary form.
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