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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
Sec: A Elia Marzal Yetano Derecho ESP

Group Teacher Department Language
Sec: B Elia Marzal Yetano Derecho ENG

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

This course serves to introduce students to legal studies, providing them the conceptual and terminological basis with which to study the different branches of Law. They also learn about the historical nature of Law and are provided a space from which to critically analyse legal solutions. The course adopts a comparative perspective (both inter-territorial and inter-temporal) to identify common problems and interpret the different solutions provided. Throughout the course, students will acquire solid theoretical knowledge regarding ancient, medieval and modern texts in public and private law. This will enable students to reflect on the political and social problems leading to the different political and legal responses given.

Course Learning Objectives

Upon successfully completing this course, students shouldl be able to:
- Understand the system of sources concept and its role as a bridge between the political and legal realms.
- Understand the interrelation between the area of norm validity and the determination of political power.
- Recognise the key elements of European political and legal culture as well as its different manifestations.
- Analyse Western legal systems as a result of the different and successive contributions introduced from Roman Law
- Study the history of Law from the perspective of the fight to create Law.
- Understand the meaning and value of codification.
- 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    
Test on readings    
Final exam    

CONTENT

1. Subject 1. Course introduction - creation and evolution of the system of sources or the history of Law as the history of the struggle to create Law

I. Introduction to the subject: an approach to the course content. What the History of Law is about. How it differs from other fields. II. The History of Law as a discipline and its uses. The historical-critical method. Martínez Marina. Savigny and the Historical School of Law. Hinojosa. Approach to the codification (or not) of the History of Law: historicism and rationalism, the French and German models. III. Three key legal traditions in Europe and three source system models: Law created by legislators, by scholars and by judges.

2. Subject 2. Preparatory concepts: validity of norms and political power

Pre-Roman rights, area of norm validity (personality/territoriality) and problem with political structures (hospitality agreements and client relations)

3. Subject 3. The system of sources and its Romanisation: from the Law of experts to the Law of the Emperor - authority and power in the creation of Law.

I. The transformation of Roman political structure and its impact on Law: definition of the Roman system of sources based on the relation between "auctoritas" and "potestas". II. Legal Romanisation: the evolution of the relationships between Rome and the territories it conquered: its impact on Romanisation. Legal Romanisation in Hispania: 1) the progressive decline of the principle of personality; 2) provincial Hispano-Roman Law; 3) vulgar Roman Law.

4. Subject 4. Survival and transformation of Roman Law with the arrival of Germanic tribes: the determination of the system of sources between emancipation from and emulation of the Late Roman Empire model

The political and legal framework of the entry and later settlement of the Visigoths in Roman territory. The progressive definition of Visigoth power and Law: "Código de Eurico", "Brevario de Alarico", "Codex Revisus" and "liber Iudiciorum". The royal establishment of law and the church's support.

5. Subject 5. Apparition of a new Law - Legal localism or the fragmentation of the system of sources

Two explanatory points regarding the development of High medieval Law as local Law: political fragmentation and normative dispersion. Analysis of the system to draft laws in the High Middle Ages: the system known as judicial localism. Regional codes of law: "fueros señoriales", "Cartas pueblas" and "Fueros municipales breves".

6. Subject 6. Introduction of Common Law: the struggle to redefine the system of sources between coexisting political projects

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 introduction and implementation of the new legal system.

7. Subject 7. Normative integration or the process of reconstructing the system of sources: the case of Castile.

The first attempts by Castilian Kings to eradicate judicial localism: "Fuero juzgo", "Fuero Real" and "Fueros municipales extensos". Application of Royal Law by the King's courts. Common Law and the codification of the Partidas. The Ordinances of Alcalá, 1348, and their ranking of sources. The Laws of Toro, 1505, as the culmination of normative integration.

8. Subject 8. Normative integration or the process to reconstruct the system of sources: The case of Catalonia

I. 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. II. 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. Absolutism, legal science and the compilation movement: reduction in the system of sources to legal authority

I. The Modern Era as a period of breaking away from the medieval concept of the world: legal humanism and rationalist "iusnaturalism". II. The Modern Era as an intensification of features already existent in the Middle Ages: the compilation movement, the cases of Castile and Catalonia.

10. Subject 10. Application of rationalism: Constitutionalism and codification. The Law of the Legislator?

Constitutions and codes. Liberalism and democracy. The reaction from 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                    
Test on readings                    
Final exam                    

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Class participation 10
Text commentary/task completion 15
Test 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) and a test (25%).

Attendance is compulsory
Students who do 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
Sec: A Elia Marzal Yetano Derecho

Horari Sec: A

From 2015/9/17 to 2015/12/17:
Each Thursday from 10:30 to 12:30. (Except: 2015/9/24 and 2015/11/12)

Friday 2015/11/20 from 12:30 to 14:30.

From 2016/1/15 to 2016/1/18:
Each Monday from 10:00 to 12:00.
Each Friday from 15:00 to 16:00.

Wednesday 2016/6/29 from 10:00 to 13:00.

Group Teacher Department
Sec: B Elia Marzal Yetano Derecho

Horari Sec: B

From 2015/9/15 to 2015/11/17:
Each Tuesday from 10:30 to 12:30.

From 2015/11/24 to 2015/12/1:
Each Tuesday from 10:30 to 13:00. (Except: 2015/11/24)
Each Tuesday from 10:30 to 12:00. (Except: 2015/12/1)

Tuesday 2015/12/15 from 10:30 to 12:30.

From 2016/1/15 to 2016/1/18:
Each Monday from 10:00 to 13:00.
Each Friday from 15:00 to 16:00.

Wednesday 2016/6/29 from 10:00 to 12:00.