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History of Law 2016/2017

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

General:
To understand the concepts and general principles of Law’s History
To show knowledge of the workings of the Portuguese Law’s History
Specific:
The pupil must be able to:
- to demonstrate a grasp of the development of the Portuguese History;
- to understand the immediate and mediate objectives of the Law’ History;
- to analyse the powers of the institutions on each time.

Recommended Prerequisites

Courses:
Not applicable to previous courses the course of the 1st half of the 1st year.
concepts:
Good knowledge and interpretation of the Portuguese language.
General knowledge of the history of Portugal.

Teaching Metodology

The lectures are necessary to tackle new areas of the syllabus shows the evolution of the history of Portuguese law to request the expression of well-founded opinion. After introduced new matter can proceed with solving problems in a more timely manner in lectures, with marked development in practical classes to place a set of introductory concepts to matters of law History of the analysis and criticism historical documents and legislation. The classes allow through the interrogative method, try to place the student in all the historical problems, appealing to their existing knowledge in the history of law peninsular origins of the Christian reconquest ensuring that the student follows the evolution of matter.

Body of Work

INTRODUCTION

I. PRELIMINARY NOTIONS

II. SUBJECT AND METHOD

III. SCIENCE HISTORY LAW

PART ONE

HISTORY OF LAW PENINSULAR

IV. PERIOD OF SOURCES


V. ROMAN PERIOD

VI. Germanic PERIOD


VII. PERIOD OF HIGH MIDDLE AGES

Phase of Muslim rule

Phase of the Christian reconquest

PART TWO

HISTORY OF PORTUGUESE LAW

VIII. PERIOD PLURALITY NORMATIVE

IX. PERIOD OF COMPILATION OF OFFICIAL DUTY

X. PERIOD OF DUTY MODERN PORTUGUESE
Season of jusnaturalism Rationalist
Era of Liberalism

Recommended Bibliography

ALMEIDA COSTA, Mário Júlio. História do Direito Português. Almedina, Coimbra. 5.ª ed, reedição 2012. ISBN 9789724046655.

Complementary Bibliography

ADRAGÃO, Paulo Pulido. Lições de História do direito romano, Peninsular e Português. Almedina, 2016. ISBN 978-972-40-6601-1.

LEE, R. W. The elements of roman law. Sweet & Maxwell. 4.th ed, 1993. ISBN 0-421-01780-5.

Weekly Planning

THEORETICAL CLASSES

1st week Presentation of the discipline.
bibliographical and methodological guidelines.
Indication of the evaluation system and working classes.
(Pursuant to Article 11, paragraph 4, of the Pedagogic Regulation).
introductory notions to the Law of History matters.
2nd week INTRODUCTION
I - PRELIMINARY CONCEPTS. HISTORY AND LAW
1. History as reconstruction of the past
2. Notion of History of Law
3. Law History of Object
4. Rating History Law
3rd week 5. The methodology of History of Law
6. Placement of Portuguese law
Week 4 PART ONE
RIGHT HISTORY PENINSULAR
II - PERIOD OF CHANGES
7. Time of primitive peoples
7.1. The limitations of the research as the time peninsular pre-Romanesque
7.2. The indigenous peoples of the Peninsula
7.3. Settlers people at the time peninsular pre-Romanesque
7.4. Romanization peninsular
5th week III - ROMAN PERIOD
8. The Roman State
8.1. The formation of Rome
8.2. The Roman political organization
8.3. The Roman social organization
6th week III - ROMAN PERIOD
9. Roman Law
9.1. The phases of Roman law
9.2. The legal systems in Rome
9.3. The sources of law
9.4. Large collections of Roman Law
7th week IV - Germanic PERIOD
10. Phase of the Germanic invasions.
10.1. Characterization political and legal period.
10.2. The United Suevo.
10.3. Formation of the Kingdom Visigoth Peninsula.
10.4. Sources of law and builds the Visigoth monarchy
10.5. Canon law and the legal works of St. Isidore of Seville.
8th week V - PERIOD OF HIGH MIDDLE AGES
11. Muslim rule Phase
11.1. The Muslim invasion
11.2. The sources of Muslim law and the legal system peninsular
12. Phase Christian reconquest
12.2. Characterization of this era. The strength of the Christian nuclei
12.2. The formation of the Christian Kingdoms and secular law
12.3. The Portucalense and the legal nature of land concession
12.4. The law sources in the neo-Gothic kingdoms
12.5. Factors restocking and influence in the formation of the right
9th week PART
RIGHT HISTORY OF PORTUGUESE
VI - Plurality PERIOD REGULATIONS
13. Time of the Middle Ages
13.1. Causes of foundation and formation of the Kingdom
13.2. Sources of Portuguese law
10th week 13. Time of the Middle Ages
13.1. Causes of foundation and formation of the Kingdom
13.2. Sources of Portuguese law
14. Reception of Roman Law
14.1. Roman law justinianeu and the "Corpus Juris Civilis".
14.2. The revival of Roman law and the Schools
14.3. The Canon Law (Common Law)
14.4. Sources of Portuguese law
11th week VII - PERIOD OF COMPILATION OF LAW OFFICER
15. Ordinances of the Kingdom: the Afonsinas Ordinances.
12th week The Manueline Ordinances.
Ordinances Philippines.
13th week VIII - PERIOD OF DUTY MODERN PORTUGUESE
16. Time of jusnaturalism Rationalist
16.1. enlightenment
14th week 17. Time of Liberalism
17.1. General considerations relating to this time
15th week 17.2. The movement coding in Portugal

PRACTICAL CLASSES

1st week \ - \ - \ - \ - \ - \ - \ - \ - \ - \\ - \ -
2nd week Presentation of the discipline.
Exhibition on the methodology to be followed and evaluation system.
3rd week introductory notions to the matters of the History of Law: analysis of texts and questions to students.
4th week Reception of Roman law - his two moments: analysis of historical texts.
The factors of Romanization.
5th week Understanding Roman Period and the Roman law: analysis of texts.
The legal systems in Rome: text analysis.
The sources of Roman law.
The Law of the XII Tables: Text analysis and problem solving.
6th week study of the major collections of Roman law and the law of the Emperor Justinian text analysis.
7th week The German influence in Portuguese law - the Visigoth period: text analysis 8th week The context of the Reconquista.
The Portucalense and the legal nature of your donation: analysis of texts.
9th week The charters and other sources of law: analysis of texts.
The Portuguese monarchy.
10th week The Portuguese university: analysis of texts.
11th week The revival of Roman law justinianeu, the Corpus Juris Civilis and the same study schools.
12th week The Portuguese Ordinations.
The Afonsinas Ordinances check your text.
13th week The Portuguese Ordinations, fancy law and Good Law Reason: analysis of texts.
14th week The movement of the nineteenth century encoding in Portugal.
15th week approach to issues relevant to the exame.9.2. The legal systems in Rome
9.3. The sources of law
9.4. Large collections of Roman Law
7th week IV - Germanic PERIOD
10. Phase of the Germanic invasions.
10.1. Characterization political and legal period.
10.2. The United Suevo.
10.3. Formation of the Kingdom Visigoth Peninsula.
10.4. Sources of law and builds the Visigoth monarchy
10.5. Canon law and the legal works of St. Isidore of Seville.
8th week V - PERIOD OF HIGH MIDDLE AGES
11. Muslim rule Phase
11.1. The Muslim invasion
11.2. The sources of Muslim law and the legal system peninsular
12. Phase Christian reconquest
12.2. Characterization of this era. The strength of the Christian nuclei
12.2. The formation of the Christian Kingdoms and secular law
12.3. The Portucalense and the legal nature of land concession
12.4. The law sources in the neo-Gothic kingdoms
12.5. Factors restocking and influence in the formation of the right
9th week PART
RIGHT HISTORY OF PORTUGUESE
VI - Plurality PERIOD REGULATIONS
13. Time of the Middle Ages
13.1. Causes of foundation and formation of the Kingdom
13.2. Sources of Portuguese law
10th week 13. Time of the Middle Ages
13.1. Causes of foundation and formation of the Kingdom
13.2. Sources of Portuguese law
14. Reception of Roman Law
14.1. Roman law justinianeu and the "Corpus Juris Civilis".
14.2. The revival of Roman law and the Schools
14.3. The Canon Law (Common Law)
14.4. Sources of Portuguese law
11th week VII - PERIOD OF COMPILATION OF LAW OFFICER
15. Ordinances of the Kingdom: the Afonsinas Ordinances.
12th week The Manueline Ordinances.
Ordinances Philippines.
13th week VIII - PERIOD OF DUTY MODERN PORTUGUESE
16. Time of jusnaturalism Rationalist
16.1. enlightenment
14th week 17. Time of Liberalism
17.1. General considerations relating to this time
15th week
17.2. The movement coding in Portugal
PRACTICAL CLASSES

1st week \ - \ - \ - \ - \ - \ - \ - \ - \ - \\ - \ -
2nd week Presentation of the discipline.
Exhibition on the methodology to be followed and evaluation system.
3rd week introductory notions to the matters of the History of Law: analysis of texts and questions to students.
4th week Reception of Roman law - his two moments: analysis of historical texts.
The factors of Romanization.
5th week Understanding Roman Period and the Roman law: analysis of texts.
The legal systems in Rome: text analysis.
The sources of Roman law.
The Law of the XII Tables: Text analysis and problem solving.
6th week study of the major collections of Roman law and the law of the Emperor Justinian text analysis.
7th week The German influence in Portuguese law - the Visigoth period: text analysis 8th week The context of the Reconquista.
The Portucalense and the legal nature of your donation: analysis of texts.
9th week The charters and other sources of law: analysis of texts.
The Portuguese monarchy.
10th week The Portuguese university: analysis of texts.
11th week The revival of Roman law justinianeu, the Corpus Juris Civilis and the same study schools.
12th week The Portuguese Ordinations.
The Afonsinas Ordinances check your text.
13th week The Portuguese Ordinations, fancy law and Good Law Reason: analysis of texts.
14th week The movement of the nineteenth century encoding in Portugal.
15th week approach to issues relevant to the examination.

Demonstration of the syllabus coherence with the curricular unit's objectives

The course seeks to complete formation of the student in the subject of law History of Portuguese to distinguish a set of introductory concepts to matters of law of history that allow to know the law, its institutions and organic, from a historical perspective by studying the points I , II and III of the program's introduction.
After looking up the student to be able to interpret the history of law peninsular origins of the Christian reconquest in Part I of the program to know the history of the right peninsular origins of the Christian reconquest.
To demonstrate the evolution of the history of Portuguese law the late Middle Ages to the Age of Liberalism arise the concepts of Part II of the Portuguese law History program with the evolution of the Middle Ages to the Age of Liberalism.
All with the intention that the students acquire knowledge that will enable it to find ways to identify and characterize the main institutions of the history of Portuguese law.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For all the objectives of learning we use the lecture method with the expression of well-founded opinion as to distinguish a set of introductory concepts to matters of history of law and the study of texts. It is known analytically the history of law peninsular origins of the Christian reconquest by the interrogative method. To demonstrate the evolution of the history of Portuguese law refers to the analysis and critique of historical documents and legislation. To identify and characterize the main institutions in the history of Portuguese law uses to active interrogative method.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Commitment to qualityYes 
Cultural awarenessYesYes
Ethical and responsible behaviourYes 
Problem Analysis and AssessmentYes 
Research skillsYesYes
Written and verbal communications skillsYesYes
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