LA TUTELA DELL’AMBIENTE NELLA SUA EVOLUZIONE STORICA

Degree course: 
Academic year when starting the degree: 
2015/2016
Year: 
5
Academic year in which the course will be held: 
2019/2020
Course type: 
Supplementary compulsory subjects
Seat of the course: 
Varese - Università degli Studi dell'Insubria
Credits: 
6
Period: 
First Semester
Standard lectures hours: 
35
Detail of lecture’s hours: 
Lesson (35 hours)
Requirements: 

Basic institutional knowledge, derived from higher studies and, possibly, from the course of History of Roman law, of the main socio-economic and cultural factors connoting the ancient world and, in particular, the Roman Empire

The verification of the learning will take place for all students (ATTENDING and NON-ATTENDING) through the performance of oral exam sessions, concerning the entire program of the Course.
Attending students may also request to take an exam in written form, before the beginning of the oral session.

Assessment: 
Voto Finale

The belief that the ecological-environmental problem would have suddenly arisen between the nineteenth and twentieth centuries, coinciding with the industrial revolution, however widespread, represents a commonplace. Indeed, the bad relationship established by man towards his natural habitat has much more ancient origins.
The analysis of environmental degradation factors and the relative reactions of the ancient legal systems can be interesting and useful, on the one hand, in order to understand the differences in quality, in the perceptibility of the human senses, in the consequences, in the times of realization of the harmful effects, between ancient and new forms of offense to the environment; on the other hand, in order to reflect, in a historical-juridical key, on the incisiveness of the adopted remedies.
Reconstructing the complex and uncertain 'battle' that ancient societies, in particular, the Roman one, found themselves fighting against the aggressions brought by man to the environment, means, first of all, 'to measure up' with the effectiveness of remedies and instruments of a technical-legal nature that, over the centuries were devised to try, at least, to mitigate if not to stem environmental degradation; at the same time, it means taking note of how to 'undermine' the effectiveness of these provisions in the bud and of those instruments there was the same, profound nature of the ecological problem, which, as in our days, even in antiquity (in particular in the Roman world) it was essentially 'cultural'. In bringing out this awareness, in providing it with documentary concreteness it is intended to establish a dialogue between past, present and future, suitable for grafting a (confidently profitable) circular process of knowledge for the benefit of today's young people and those of future generations.

The examination of the main causes of 'alteration' of the environment in the ancient world will be the subject of specific and in-depth discussion. At the same time, the technical and legal-procedural tools placed in the Roman world to protect and protect the environment will be analyzed. Furthermore, space will be given to defining the characteristics of the relationship based on the dual need to protect the rights of individuals and the public interest, to protect the environment and private property.

Below is an explanation, in the form of a list, of the main topics discussed:

1. The usefulness of studying the ‘History of environmental law’

2. The object of "History of environmental law"

3. The chronological boundaries of the "History of environmental law"

4. Alteration of the environment and "perception" of the phenomenon in the ancient world

5. Causes and characteristics of environmental damage in the ancient world

6. Some cases of environmental damage in the ancient world:

- deforestation;

- the exploitation of mineral resources;

- water pollution;

- air pollution;

- the phenomena of adulteration and sophistication

- building speculation and city degradation: the case of Rome

7. The technical and legal-procedural tools used to protect and protect the environment:

- the interdicta;

- le actiones populares;

- the legal protection of the sewage system in republican Rome

- water reclamation interventions

- the sacred protection of environmental assets

8. The protection of the rights of individuals and the public interest (environmental protection and private property):

- the prohibition of emulative acts;

- the right to "salubritas";

- towards a collective ownership of environmental goods;

- from res publicae to res communes omnium

9. Summary framework

ATTENDING STUDENTS (students who have attended lessons continuously are considered attending)
For the preparation of the exam students will be required to study the notes and didactic material provided (whether in Latin or Greek also in Italian translation) in class and 'published' on the e-learning platform
To support we recommend reading (not mandatory) of the following institutional text:
Thommen Lukas, L'ambiente nel mondo antico, Bologna, Il Mulino, Bologna, 2014

STUDENTS NOT ATTENDING (students who have not followed the lessons continuously are considered not attending)
For the preparation of the exam the study of the following institutional manual will be required:
Laura Solidoro Maruotti, La tutela dell'ambiente nella sua evoluzione storica: l'esperienza del mondo antico, Torino, Giappichelli 2009

Convenzionale

The teaching activity will take place for a total of 35 hours.

Assessment
The examination in the end-of-course appeals is a mandatory oral exam, with open questions.
The students could participate to an optional written exam. The students that will pass the optional examination, in the end-of-course appeals will be study the remaining part of the program.

Office hours
Prof. Paolo Lepore will meet students on the basis of weekly calendar. Changes in office hours will be shown in the teacher's homepage.