Checking date: 28/05/2019


Course: 2019/2020

Historical Foundations of the legal system
(13567)
Study: Dual Bachelor in Law and Business Administration (229)


Coordinating teacher: MARTINEZ NEIRA, MANUEL

Department assigned to the subject: Department of Criminal Law, Procedural Law and History Law

Type: Basic Core
ECTS Credits: 6.0 ECTS

Course:
Semester:

Branch of knowledge: Social Sciences and Law



Competences and skills that will be acquired and learning results. Further information on this link
This is a formative course that provides beginner students with a better understanding of legal concepts through their historical analysis within the framework of various and successive political models. Although they have their origin in the Western legal tradition, these concepts were reformulated by the Enlightenment and the Liberal Revolution and have acquired today (following the crisis of the liberal system and the triumph of the constitutional and democratic state) a wholly new meaning. Only by becoming aware of this historical density can the student understand and value the instruments that he/she will employ in a globalized and unstable legal order. Throughout this course, the student will learn about the evolution of the legal system, its institutions, and legal-political doctrine. This will allow him/her to discover the social value of law, acquire a critical sense of its evolution and develop his/her ability to synthesize information. In short, it will provide the student with interpretive elements that will allow him/her to take the lead in his/her professional future, and not be a mere data collector.
Description of contents: programme
Ancien Régime (Old Order) and legal pluralism: the culture of European Common Law.- The Enlightenment and law. The Liberal Revolution and the Rule of Law.- Legal monism (legalism) and codification in Europe.- Constitutionalism and constitution. American constitutionalism.- The emergence of administrative law.- New branches of the legal system. The crisis of the liberal system: authoritarianism and the Constitutional State.- The birth of labour law.- Decodification and the deregulation of law
Learning activities and methodology
The course is divided into ten learning units that can be downloaded from ¿Aula Global¿. Each learning unit comprises one lecture and one seminar per week. During the lectures, the student will receive guidance about content (basic concepts, problems) and practice materials. During the seminars ¿once the personal assignments have been completed¿ the different issues will be studied in depth and subject to debate, and questions will be answered. Finally, a conclusion will be drawn on the basis of the arguments previously elucidated. The student will be required to present two essays throughout the course. These will be directly related to two of the aforementioned learning units.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • Grau, L.. American constitutional History Course for Non-American Students. Dykinson. 2012
  • Grossi, P.,. A History of European Law. Firenze. 2007
  • Hergoz, Tamar,. A short history of European Law : the last two and half millennia,. Harvard UP. 2018
  • Mannori / Sordi,. Science of Administration and Administrative Law. Edward Elgar Publishing Ltd. 2009

The course syllabus and the academic weekly planning may change due academic events or other reasons.