by Francesco Milazzo
In accordance
with the best academic tradition, my teaching experience in Iceland begins thanks to the trust of a master.
Luigi Capogrossi Colognesi, heir and brilliant interpreter of the Italian Roman
Law school of the University “La Sapienza” in Rome, in the academic year 2003-2004, was
unable, for personal reasons, to undertake all of the teaching task that
Akureyri required from him. Thus he invited me to share it with him. Owing to
the persisting prohibitive engagements of Professor Capogrossi Colognesi, this
gave me the chance for an experience that in the following years has been
exclusively mine.
The “Akureyri
model” of the Faculty of Law and Social Sciences was at once a “lesson” to such
people as myself, who had gone there ... to give lessons! A three-year
curriculum based on law considered as a science[1]
rather than as a normative phenomenon, appeared to me as a clear and (as many
would call it on the Continent nowadays) courageous reply to the real problem
of many Law Faculties. The University of Akureyri prepares a thorough jurist: a
jurist endowed with a firm knowledge enabling him to master the regulations in
force, that for their mutability[2]
are weak par excellence; a jurist who is different from “the poor routinist whose knowledge and capability are confined to
the two thousands articles of his code and who is a ruined man if some night
that code should be abolished;”[3]
a jurist who is able to understand the systematic, conceptual, dogmatic and
spiritual unity of the World’s legal systems; a jurist who “meets” the
regulations in force only after starting from law as a scientific entity.[4]
In such a clear perspective, the
choice of Roman Law, though consequential thanks to the role this subject has
always played in the same direction as the one privileged at Akureyri, has been
indeed an act of courage. A science having its roots in the Mediterranean
culture may find an evident stickiness in a Nordic milieu, particularly amongst
beginners not particularly equipped under a humanistic point of view. Nevertheless,
cultural (or at least more cultural) is the plan that not only innovates in its
content but is also directed towards landing places apparently against the
stream. With this point of view in mind, I am certain that the role of Prof.
Mikael Karlsson, philosopher tout court as well as legal theoretician,
imbued with humanistic culture but not alien to the pragmatic transoceanic
suggestions, has been of crucial significance against dangerous exaggerations
as well as changes of mind.
The responsibility rests of course
entirely with the teacher and its sense is best expressed by the question: how
does one talk to students firstly about law and secondly about Roman law at
more or less 40 kilometres from the Polar Circle?
The very first worry was Latin, the language
of Roman law! Of course, the “cultural” rather than linguistic extraneousness
of my pupils has forbidden its normal use. Nevertheless the fascination of
etymology has often helped to explain juridical concepts thanks to the
perpetuation of a more conspicuous dependence on Latin by the English
technical-juridical language.
A similar kind of extraneousness has
affected the historical and particularly political and institutional background
of the phenomenon “Roman law.” For instance, an obvious and necessary allusion
to the final success of Rome against the Carthaginians risked to sound to my
pupils’ ears as mysterious as the mention of the rebellion of the sect of the
“white lotus” in 17th-century China, an event that would find
unprepared more or less 90% of an even more mature and cultured audience[5]
than my Akureyri students![6]
The content of the lessons has been
concrete and historical, rather than highly theoretical, in order to show that
law is a “necessary” phenomenon and that the solutions to be found in the
experience of Roman Law allow better than others to understand the nature of
the historical phenomenon that law basically is. There was neither interest nor
benefit, on the contrary, in demonstrating any supposed superiority of Roman
law’s solutions: something that would have had only a rhetorical and
unjustified sense. The attention of the students has always been very deep as
well as their capability to understand and be understood in another language
than their mother tongue.
The exams have been under constant
experimentation inspired by Mikael Karlsson and shared by me since the Fall of
2003. They now appear quite satisfactory, although always open to improvement.
The system recently applied in September 2005 was based on a multiple-choice-questions
examination (in order to evaluate the required learning from the textbook) and
on a short essay (in order to assess particular knowledge of a topic and the
skill in ordering and combining legal concepts). A couple of each of these two
examinations were taken respectively at an intermediate stage and at the final
one. Certainly the habit of the Icelandic students to take summer employment
(whilst itself potentially praiseworthy) is not conducive to examinations being
held quite so close to the season of such employment! Nevertheless, the results
have been on the whole satisfactory, for one thing must be stated frankly and
clearly: Akureyri students have always worked generously[7]
and faithfully. This is a condition in itself enough to justify a positive
judgement about the foundation of a Law Faculty in the quiet fiord of that
town.
Dispensing culture might mean only a
sad monologue if there is none ready to receive it. Dispensing culture and
having an audience is still not enough, however, if between the one who gives
and those who get there is not the interaction I have found in Akureyri at even
- in their enormous and unforgettable tenderness - “extremist” levels as those
reached by the unexpectedly and meritoriously Latin words of a 2003 student on a
notebook with thoughts and observations on my course, presented to me at the
very end of it: “Non
scholae sed vitae discimus: you have proven this wrong”. If my
students did learn “even” from the school, it is better for them; I learned
from them that the “Akureyri model” works and deserves everybody’s engagement,
starting from my own, on this fantastic bridge between two islands (Iceland and
Sicily), over that Continent to which, as well as to the rest of the world,
Rome by its law has left a sounder legacy than bronze.
[1] From the web site of the Akureyri
Faculty of Law and Social Sciences: «Students will study towards a
diverse and an academic B.A. degree in Law Science, with emphasis on Comparative
Law, where law will be studied in historical, social and philosophical context.
After graduation they can continue towards a 2-year professional degree, where
they follow classical core courses in Icelandic law. These five years offer the
students the right to practice law».
[2]
Tanta 18 (533 A. D.): … humani vero iuris condicio semper in
infinitum decurrit et nihil est in ea, quod stare perpetuo possit (multas
etenim formas edere natura novas deproperat) … For the translation see A. Watson (ed.), The
Digest of Justinian I (English translation), 1985: … but the character of human
law is always to hasten onward, and there is nothing in it which can abide
forever, since nature is eager to produce new forms …
[3] Transl. from A. Exner, Die praktische Aufgabe
der romanistischen Wissenschaft in Staaten mit codifiziertem Privatrecht, 1869,
19.
[4] See E. Seckel, Die Neuordnung des
juristischen Ausbildungsganges in Preussen, in DJZ, 1902, 58.
[5] And myself in it, at least until
the moment I found (and learned) this example useful to the ironical purpose of
the phrase in which I was going to use it.
[6] The possible extraneousness to the
Roman culture has been sometimes offset by advantageous references to facts of
the Icelandic history that can be striking compared to events and institutions
of the Roman history. E. g., the position of the old Althingi which can be
connected to that of the popular assemblies in Rome; the Icelandic Law speaker
and the theme of the oral character of the archaic Roman law; the Landnàm
and the Roman agrarian question or, in the Iceland of the end of the first
millennium after Christ, the position, which was also a priestly one (gothars),
of the chieftains comparable to that of the Roman paterfamilias.
[7] The absence I indeed felt of the
habit of an individual, methodical
and regular study has appeared to me more as a structural than an individual
occurrence, that in any case it is desirable to rapidly overcome. This overcoming – I am quite sure
about that – will be in step with the rooting of the university institution in
Akureyri.
FRANCESCO MILAZZO: Born in 1955. Full Professor of Roman Law at the Law Faculty of Catania University. Member of the Editorial Staff of IURA. International Survey of Roman and Ancient Law, founded in 1950, and of many historical-juridical Societies in Italy and abroad. Grantee at the Albert-Ludwigs-Universitaet of Freiburg i. Br., where he was later appointed "wissenschaftlicher Assistent". His books and articles are concerned with different aspects of Roman public and private law such as the succession of the Roman emperors, private law contracts of the Roman state, oath and obedience to the statutes. He has given papers and lectures in Spain, Poland, Germany, France, Austria and several Italian Universities. At the present time he is involved in an international two years degree course on "Ius civile of the Common Europe: historical foundations and perspectives in the law integration" run by the University of Catania in collaboration with Russian, Polish, Hungarian, Spanish, German and other Italian Universities and Academies and based in Budapest, Moscow and Catania.
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