Checking date: 20/04/2023


Course: 2023/2024

Historical Foundations of the legal system
(13567)
Dual Bachelor in Law and Economics (Plan: 416 - 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 formative course provides first-year students with a better understanding of legal concepts through their historical analysis within the framework of various and successive political models. Although they are grounded in 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 whole new meaning. Only by becoming aware of this historical depth can students understand and value the conceptual tools they will employ in a globalized and changing legal order. In this course, students will learn about the evolution of the legal system, its institutions, and the legal-political doctrines. This way, they will discover the social value of the law, acquire a critical sense of its evolution, and develop their ability to synthesize information. In short, it will provide students with interpretive elements that will allow them to take ownership of their professional future instead of simply being the recipients of facts.
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 organised through lectures and seminars. In the lecture sessions, the fundamental concepts and questions of every unit, together with the course materials, will be explained. After completing their prep work at home, the students will discuss each unit's assigned readings and comprehension questions in groups in the seminars. Additionally, the students will turn in individual essays throughout the course on different topics to assess their individual work and how they understand the readings uploaded to Aula Global in light of the fundamental notions of that topic. Attendance and class participation in the continuous assessment is computed in the course´s final grade.
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
  • Batlan, Felice., /. Engendiring Legal History. Law & Society Inquiry. 2005
  • Bellomo, M./. The Common Legal Past of Europe (1000-1800). The Catholic University of America Press. 1995
  • Bridenthal, R., Stuard, S., Mosher, W., Merry E./. Becoming Visible. Women in European History. Houghton Mifflin Co., Boston. 1998
  • 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.