Checking date: 11/02/2023


Course: 2022/2023

Historical Foundations of the legal system
(13567)
Dual Bachelor in Law and Economics (2008 Study Plan) (Plan: 174 - Estudio: 230)


Coordinating teacher: LOPEZ DE RAMON, MARIA

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

Type: Basic Core
ECTS Credits: 6.0 ECTS

Course:
Semester:

Branch of knowledge: Social Sciences and Law



Objectives
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.
Skills and learning outcomes
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 which can be downloaded from Aula Global. The course is continuously assessed and is organised through lectures and seminars. In the lecture, the student receives an orientation on the content (fundamental concepts, problems) and work materials. In the seminars, once the personal work has been completed, the students, through working groups, comment on the readings related to the subject and discuss among themselves a series of questions on the content of the subject. Likewise, several individual essays are carried out throughout the course on the different topics to individually assess the student's work and how he/she relates the contents of the subject with the readings and historical texts that are uploaded in Aula Global. Finally, the student's attendance and participation in the continuous assessment will be computed and taken into account in the final grade of the course.
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Calendar of Continuous assessment
Basic Bibliography
  • 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
Additional Bibliography
  • Bellomo, M./. The Common Legal Past of Europe (1000-1800). The Catholic University of America Press. 1995
  • Fioravanti, M./. El Estado moderno en Europa. Instituciones y derecho (Traducido al inglés). 2004. Madrid
  • Fioravanti, M./. Los derechos fundamentales. Trotta. 2020

The course syllabus may change due academic events or other reasons.