History of Law
Objectives
Available soon
General characterization
Code
27128
Credits
6
Responsible teacher
Available soon
Hours
Weekly - Available soon
Total - 168
Teaching language
Available soon
Prerequisites
Available soon
Bibliography
Berman, Harold J. (1997), Law and Revolution, the transformations of the Western Legal Tradition , Cambridge Massachussets, Harvard University Press;
Eco, Humberto (2010), Idade Média. Bárbaros, cristãos e muçulmanos , Alfragide, Publicações D. Quixote; Hespanha, António
Manuel (2012), Cultura Jurídica Europeia, Síntese de um Milénio , Lisboa, Almedina (5ª ed.); Gilissen, John (2001), Introdução Histórica ao Direito , Lisboa, Calouste Gulbenkian, 2001; Grossi,
Paolo (2011), L?Europe du Droit , Paris, Éditions du Seuil; Lorente, Marta, Vallejo, Jesús, Manual de Historia del Derecho, Valencia, Tirant Lo Blanch, 2012; Silva, Nuno J. Espinosa Gomes
(2006), História do Direito Português, Fontes do Direito , Lisboa, Gulbenkian (4ª ed.); Tamar Herzog, A short History of European Law. The Last Two and Half Millennia , Cambridge
Teaching method
The active combined with some exposition methods will guide the classes. The Professor will introduce to the students the subjects enhanced in the Program and comment on the historical documents. The classes will consider the key questions already delivered in the Complementary Syllabus. Also, complementary questions will be asked by the Professor to critically analyse the historical context and look to current situations to understand the origin of the sources, their legal authorities and the distinct receptions performed during the time. The aim is to promote dialogue, critical and creative legal thinking. It is, therefore, expected that Students develop and promote this active role.
Evaluation method
Exposition of the course subject matter combined with the reading and commenting of historical texts. Small units of research work composed by students on topics related to the contents of the programme and its oral presentation. The students is given the opportunity to expose their doubts in special sessions, the answer to those doubts be given by the Professor in charge of the curricular unit or by the other students. The evaluation gets from the classification of the research work, its oral presentation and a final written examination, which is the main element of evaluation.
Subject matter
1. Methodological introduction: main lines of a critical history of law; 2. Imagining society and power: a) the corporative paradigm; b) the individualistic paradigm; 3. The legal order of Common law (11th to 18th centuries). Constitutive ingredients: a) Roman law and the Roman law tradition; b) Canon law; c) Local law (Germanic, feudal and the law of the realm); d) The medieval schools of legal thought. 4. The Common Law as a pluralistic legal order; 5. Natural Law: mediaeval approaches to natural law (Tomism and Neo-tomism); modern forms of natural law (jus-rationalist and individualist legal order, 18th and 20th centuries).6. Revolution and legal exegesis vs. romanticism and historical approaches on law.7. Conceptualistic approaches on law (19th century). 8. The anti-conceptualist and sociological legal schools (19th and 20th centuries).9. The critical legal schools (19th – 20th centuries).10. Legal post-modernism; 11. Contemporary anti-legalism.