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History of Law 2017/2018

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

Objectives

By the end of this course, the students should be able to:
- distinguish the general basic concepts introducing the Portuguese Law History, permitting the Law understanding the institutions and the organic by the historical perspective;
- identify and knowledge by the analytic concern the history of the peninsular law, from the origines to the Christian regain;
- present and demonstrate the Portuguese Law historical evolution from the Law Middle Age to the Liberalism period;
- Identify and characterise the main Portuguese Law Historic Institutions;
- Identify and recognise the Portuguese Law History of the Contemporary Age as an instrument to the juristic action.

Recommended Prerequisites

N(A

Teaching Metodology

The lectures aim to achieve new areas of the syllabus explaining the evolution of the Portuguese law History as a request of the opinion expression well supported.
After the introduction to the new subject, it will be possible to proceed to the problems solving with more punctual lectures, but with a remarkable development of the practical classes to situate the introductory concepts to the Law History with the analysis and historical documents critical as well as legislation. It the practical classes, through the interrogative method, appealing to the previous knowledge in the peninsular law origins to the Christian Reconquest, allowing the student monitoring to promote knowledge, motivation, research and self-study.

Body of Work

INTRODUCTION
I. PRELIMINARY CONCEPTS: History and Law
1. The History by the Past reconstitution
2. Definition
3. Object
4. Classifications
5. Methodology
6. Context
PART ONE
HISTORY OF LAW PENINSULAR
II. Sources Period
III. Roman Period
IV. Germanic Period
V. High Middle Age Period

PART TWO
VI Plurality Normative Period;
VII Law Official Compilation
VIII Portuguese Modern Law Period
IX Contemporary Portuguese Law Period


IX. PERIOD OF COMPILATION OF OFFICIAL DUTY
X. PERIOD OF DUTY MODERN PORTUGUESE

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

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 The Contemporary Portuguese Law History. Approach to issues relevant to the examination.
14th week The movement of the nineteenth century encoding in Portugal.
15th week The Contemporary Portuguese Law History. 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?
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