esade

Introduction to Legal Systems (2235.YR.005669.1)

General information

Type:

BAS

Curs:

1

Period:

S semester

ECTS Credits:

6 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 Jorge Castiñeira Jerez Derecho ENG

Prerequisites

Once students are admitted to our undergraduate degree programmes, there are no specific prerequisites or incompatible elements.

COURSE CONTRIBUTION TO PROGRAM

This subject shall equip the students with means of understanding the fundamental legal matrices of most of the world's states.

Course Learning Objectives

At the courses end students should be able to:

- understand the basic notions and functions of Law and of Legal Systems, whether national, international or transnational
- understand the notion, functions and methodology of Comparative Law
- understand the criteria for classifying legal families and to distinguish them
- analyse in a general way the complex relationship between the two families of Civil Law and Common Law, by highlighting general structural differences and convergence profiles
- reflect on the differences and the analogies between the two main legal models.
- understand in general way the relations between Law, Politics and Economics

CONTENT

1. Course Content

The course of Introduction to Legal Systems is a Comparative Law course whose objective is to introduce students to the elements of the main legal families.
The Comparative Law methodology is an essential tool for understanding the criteria for classifying legal families and to distinguish them.

Students will look into the history and evolution of the Civil Law systems and the phenomena of organization, and codification in the various European realities (Spanish, French, German, Italian).
Subsequently, we will analyze the fundamental elements of the English Common Law, from its origins, and the columns represented by the principles of judge makes law and binding precedent.

Finally, the final lessons will be devoted to the study of different constitutional systems and the relations between Law, Politics and Economics.


Topics. Contents
BLOCK I: BASIC NOTIONS OF LAW
BLOCK II: COMPARATIVE LAW: HISTORY AND NOTIONS
BLOCK III: AN INTRODUCTION TO THE CIVIL LAW TRADITION
BLOCK IV: AN INTRODUCTION TO COMMON LAW TRADITION
BLOCK V: AN INTRODUCTION TO CONSTITUTIONAL COMPARATIVE LAW
BLOCK VI: THE RELATIONS BETWEEN LAW, POLITICS AND ECONOMICS

Methodology

With the exception of the initial sessions, devoted to the foundations of the current legal order, this course will be eminently practical. The students must be ready to participate in class when required by the professor.

All sessions will depart from a previous reading that will be discussed in class in combination with theoretical explanations. The readings will be provided by the professor in advance.

The students will be required to write at least three reaction papers. The topics of the reaction papers will be assigned by the professor.

Assessment criteria

- Class participation (25%): It reflects student performance in activities requiring active participation.
- Reaction papers (25%): Students will write short comments reflecting on the readings provided by the professor.
- Final exam (50%).

Timetable and sections

Group Teacher Department
Year 1 Jorge Castiñeira Jerez Derecho

Timetable Year 1

From 2023/9/8 to 2023/12/1:
Each Friday from 11:00 to 13:30. (Except: 2023/10/6, 2023/10/13, 2023/10/20, 2023/10/27 and 2023/11/10)

From 2023/10/6 to 2023/11/3:
Each Friday from 11:00 to 13:30.

From 2023/12/15 to 2023/12/20:
Each Wednesday from 9:15 to 12:30.
Each Wednesday from 12:30 to 13:15.
Each Friday from 16:00 to 18:30.

Wednesday 2024/2/7 from 9:15 to 12:30.