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Fundamentos jurídicos y sociales de la cultura política europea (GED70040)

General information

Type:

OB

Curs:

1

Period:

S semester

ECTS Credits:

6 ECTS

Teaching Staff:

Group Teacher Department Language
Elia Marzal Yetano Derecho CAT

Workload distribution

Workload distribution:
- Classroom-based activities: approximately 40% of total credits
- Guided activities: approximately 20% of credits.
- Independent study: approximately 40% of credits.

COURSE CONTRIBUTION TO PROGRAM

The course contributes to Bachelor in Law students' education by providing a solid theoretical grounding based on medieval and modern texts on public and private law with the aim of encouraging them to think about the social and political problems that can be involved in political and legal truth.

Course Learning Objectives

Students will be able to:
- Understand a medieval text on both public and private law.
- Understand a modern text on both public and private law

Competences

1. Knowledge acquisition, comprehension and structuring
16. Appreciation/understanding of diversity

Relation between Activities and Competences

1 16
Class participation    
Text commentary/task completion    
Tests on readings    
Final exam    

CONTENT

1. Subject 1. Course introduction.

1) Introduction to the subject: an approach to the course content. What the History of Law is about. How it differs from other fields. The History of Law as a discipline. The aims of the History of Law. 2) Legal historiography. The historical-critical method. Martínez Marina. Savigny and the Historical School of Law. Hinojosa.

2. Subject 2. Pre-Roman Law.

Characterisation of pre-Roman legal and political organisation. The principle of personality and its flexibility: client agreements and client relationships.

3. Subject 3. The Romanisation of Law.

The evolution of Roman political structure: its impact on the evolution of Roman Law. The evolution of the relationships between Rome and the territories it had conquered: its impact on the extent of Roman Law. Specific questions on the Romanisation process in Hispania: 1) the mechanisms of the progressive extension of Roman Law; 2) provincial Hispano-Roman Law; 3) vulgar Roman Law.

4. Subject 4. The law in Visigothic Hispania.

The political and legal framework of the entry and later settlement of the Visigoths in Roman territory. The Visigoth settlement process. Visigothic law. The royal establishment of law and the church's support.

5. Subject 5. Law in the High Middle Ages.

Two explanatory points about this new Law. Analysis of the system to draft laws in the High Middle Ages: the system known as judicial localism. The 13th Century's change of approach to the system of drafting laws.

6. Subject 6. Reception of Common Law.

The change from the law of the High Middle Ages to that of the Low Middle Ages (a change in epoch and society). The recovery of Justinian Law as a turning point. The spread of Common Law. The conflict that arose from the reception and implementation of the new legal system.

7. Subject 7. Law in the Low Middle Ages: Castile.

The first attempts by Castilian Kings to eradicate judicial localism. Royal attempt to standardise the local legal systems in the old regions of the kingdom. Application of a royal law by the King's courts. The codification of the Partidas. The Ordinances of Alcalá, 1348. The Laws of Toro, 1505.

8. Subject 8. Law in the Low Middle Ages Law: Catalonia

Elements indicating continuity in the formation of a Catalan legal system: The continued existence of Visigothic law through the Liber Judiciorum and the Usatges of Barcelona; the resilience of custom at a local level. Disruptive elements in the laws once finally drafted: participation of the estates in setting down and interpreting the laws; the weight of Common Law in the source system.

9. Subject 9. The Modern Era: the compilation movement.

The Modern Era as a period of breaking away from the medieval concept of the world. The Modern Era seen as an intensification of features already existent in the Middle Ages. The case of Castile. The case of Catalonia.

10. Subject 10. Constitutionalism and codification.

Constitutions and codes. Liberalism and democracy. The reaction of legal experts: Pandectism. Nationalism and historicism. Positivism.

Relation between Activities and Contents

1 2 3 4 5 6 7 8 9 10
Class participation                    
Text commentary/task completion                    
Tests on readings                    
Final exam                    

Methodology

Teaching modes: Theoretical class, class participation, reading and text commentary. The teaching methodology will be based fundamentally on completing individual assignments, tests on the readings and class participation throughout the course. These activities will also assist with the development of the competences specified for in this course.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Class participation 10
Text commentary/task completion 15
Tests on readings 10
Final exam 65

Assessment criteria

The final exam represents 65% of the overall mark for the course. It consists of a multiple-choice section (40% of the exam mark) and an essay (60%).
Ongoing assessment represents 35% of the overall mark for the course. It consists of class participation (10% of the overall mark), a test (15%), and a written test (10%).

Attendance is compulsory
Any student who does not:
1. Pass the course in the FIRST SITTING due to not attending class, not completing the assignments or copying the latter, will not be able to RE-SIT the final exam and will therefore have to re-take the same course and complete all the assignments indicated by faculty.
2. Have the level of competencies demanded may move on to the next year of the programme but will not be able to complete the final degree project until achieving the level of competencies demanded for the programme.

Bibliography

- LALINDE. Iniciación Histórica al Derecho Español.
- TOMÁS Y VALIENTE. Historia del Derecho Español.
- GALO SÁNCHEZ. Curso de Historia del Derecho.
- GARCÍA GALLO. Historia del Derecho

Timetable and sections

Group Teacher Department
Elia Marzal Yetano Derecho

Timetable

From 2014/9/16 to 2014/12/18:
Tuesday and Thursday from 10:30 to 12:00.

Friday 2015/1/23 from 10:00 to 13:00.