ECTS credits ECTS credits: 4.5
ECTS Hours Rules/Memories Student's work ECTS: 74.25 Hours of tutorials: 2.25 Expository Class: 18 Interactive Classroom: 18 Total: 112.5
Use languages Spanish, Galician
Type: Ordinary Degree Subject RD 1393/2007 - 822/2021
Departments: Special Public Law and Company Law
Areas: History of Law and Institutions
Center Faculty of Law
Call: First Semester
Teaching: Sin docencia (Extinguida)
Enrolment: No Matriculable
These students know the main legal elements forming the law in Europe over the past two millennia. The Romans, Anglo-Saxon , Germanic , Canon and Feudal legal systems , albeit with higher incidence a few others , as well as the weight of the doctrine and the various schools of legal thought , not infrequently , conditioned by the philosophical currents , political and religious that extended the territory of what is meant by Europe , not to mention the role of the universities , preferably , be the object of analysis.
This will allow the student to access the plurality of European legal experience, the ability to understand , by means of comparative law, the regulation of the various institutions of private law and public existing in different European countries.
At the time, we will try to analyze future possibilities of accessing a common European law in this historical process which develops from the twentieth century embodiment of a unit of Europe.
PROGRAM
I.- GENERAL ASPECTS
THEME 1: CONCEPT OF EUROPE: mythical, geographical, cultural meanings. Influence Greek, oriental thought ...
THEME 2: APPEARANCE OF THE EUROPEAN CONSCIOUSNESS: Battle of Poitiers and Charlemagne.
THEME 3: EUROPEAN LEGAL SYSTEMS: Roman law and Corpus of Justinian. Germanic legislation. Canon law. Feudal law. English case: COMMON LAW.
II.- POWER IN EUROPE
THEME 4: RELIGIONS AND POWER IN EUROPE: Universal Christianity and Christian particularisms. The Inquisition. Wars of Religion. Peace of Westphalia and in a new European order.
THEME 5: POTESTAS IN EUROPE: Empires and monarchies. State and sovereignty. Absolutism. The republics. Modern legal-political text: Compilations, Constitutions, Codes, Declarations of Rights. Relations between State and Church-papacy until the 19th century.
THEME 6. NEW SUBJECTS OF POWER IN EUROPE: political parties and proletarian trade unionism; the press; women and feminism. Large corporations. Elderly and Young.
THEME 7: LEGISLATIVE INSTITUTIONS IN EUROPE: Medieval Courts, Parliaments and Constitutional Courts.
THEME 8: JUDICIAL SYSTEMS IN EUROPE: Roman judges, Roman proceedings, medieval judges and medieval proceedings, modern judges, the Ius Commune system, new judicial principles. Justice in the constitutional period.
III.- THE AUCTORITAS. KNOWLEDGE IN EUROPE
THEME 9: AUTHORITES IN EUROPE: Monastic schools until the 12th century. Universities. Schools of legal thought.
IV.- FINAL CUESTIONS
THEME 10: BEYOND THE EUROPEAN BORDERS: America, Africa, Colonialism. New empires. Berlin Conference.
THEME 11: EUROPEAN UNIFICATION ?. THINKING EUROPE: Political positions after World War I (League of Nations), situation after World War II, current situation (Brexit, migrations and pandemics).
Specific references will be indicated in class, but as general books for reference:
-COING, H., El derecho privado europeo, trad. Antonio Pérez Martín, Madrid, 1996.
-DELL’AQUILA, E., Introducción al estudio del Derecho inglés, prólogo J.L. de los Mozos, Valladolid, 1982.
-KOSHACKER, P., Europa y el Derecho romano, trad. Santa Cruz Teijeiro, Madrid, 1955.
-MERRYMAN, J.H., La tradición jurídica romano-canónica, trad. Carlos Sierra, México, 1979.
- SANCHEZ ARCILLA, J., Jacobus, ie quod ego. Los caminos de la ciencia jurídica, Dykinson, Madrid, 2003.
-STEIN, P., El derecho romano en la historia de Europa. Historia de una cultura jurídica, prólogo de Juan Pablo Fusi, César Hornero Méndez-Armando Romanos Rodríguez (trads), Madrid, 2001.
-WIEACKER, F., Historia del derecho privado de la Edad Moderna, trad. Francisco Fernández Jardón, Madrid, 1957.
-ZIMMERMANN, R., Estudios de Derecho privado europeo, trad. Antoni Vaquer Aloy, Madrid, 2000.
- Know the different ways of creating the law in its historical evolution.
- Understand and interpret the plurality of legal sources in their historical context.
- Know the common and differential aspects of the main legal institutions in their historical evolution in the different European legal systems
- To understand the interrelation between European legal systems.
- Understand the historical and legal foundations on which the European legal system is based.
Apparently it seems that, regarding previous courses, there has been a change of Program. Really, it is not like this. What produces , in a so extensive matter and so dense, that affects to the History of all a continent, is a change in the form to expose his history-juridical.
On the one hand, they will attend to the classes "expositivas", no excessively dense (the time that it has in scarce), but indispensable to situate to the student in the historical explanation-juridical European.
It pretends the use by the material student of different format with the idea to work in group or individually, and with general exhibitions and debates (although, and in sight of the experience of other years, everything will depend of the time with which explain and of the participation of the estudiantado). For this, will carry such materials to class, where will be able to be delivered to the students, to the page of the Virtual Campus or in the main page of the area of History of the Right.
It pretends that the student, with the exhibitions and/or possible debates on determinate subjects, develop his capacity of oral expression and of juridical argumentation.
It will demand the presence of the students in class, so that it will happen list, what will be taken in consideration for the final note. Also it will boost the participation in class of the students.
Because of the COVID-19 and to the requirements of the academic authorities, the system of qualification has to contemplate the 3 educational stages possible (face-to-face, mixed –face-to-face and telematic-, and only telematic) attending to the sanitary situation of each moment. Like this as:
I. CRITERIA OF CALIFICACION COMMON To THE THREE STAGES:
- All the students of this matter will be evaluated in accordance with his participation in the activities, face-to-face or no face-to-face, that develop along the cuatrimestre.
- Any activity is compulsory but to surpass the discipline has to reach in group a minimum punctuation of 5 on 10, in any of the two opportunities established during the present academic course.
- With each one of the activities posed looks for that the students purchase the essential knowledges to surpass the matter.
- To the effects of the new Rule on permanence in the Degrees of Degree and Máster of the University of Santiago de Compostela, approved by the Council of Government and the Social Council of the University (http://www.usc.es/es/normativa/estudantes), and in particular by what affects to the application of his article 5 (Exhaustion of announcements) regarding the matter History of the Juridical Configuration of Europe, establish the following requirements:
to) they understand evaluables for the final note the realisation of practices, test or any one another academic activity that @realizar from 13 October 2020. Any one another activity that @realizar before this date will be computable only for those students that from 13 October 2020 follow attending to the classes, participating actively in the face-to-face classes and @realizar the activities proposed.
b) The students that @realizar all or any of the practices and all or some of the test, but no concurran to the final examination, will be evaluated as “No presented”. The notes of the practices and of the test will be saved, however, for the corresponding opportunity to the opportunity of July.
II. VALORACION OF THE ACTIVITIES IN STAGE 1 (FACE-TO-FACE TEACHING)
This is the academic situation that traditionally have come developing. Like this as the assessment of the educational activities is practically the same that the established in previous courses:
- Assistance to the classes and active participation: 10%. For his computation will demand a minimum of 60% of assistances by part of the/the student/to, valuing in the final computation the individual interventions during the development of said classes. The punctuation obtained during the first cuatrimestre will conserve without modifications for the qualification of the second opportunity of evaluation.
- Realisation of practices, written or oral, and test: 20%. For his computation will demand the realisation of the 60 % of these activities. The punctuation obtained during the first cuatrimestre will conserve without modifications for the qualification of the second opportunity of evaluation.
- Realisation of a final proof written: 70%. In her the/ace students/ace will have to surpass the half of the questions posed showing his knowledge on the matters contained in the program.
The final proof written of the first cuatrimestre will take place the day 18 January 2021 in the classroom and hour that details in the bulletin board of the Faculty.
The date for the realisation of the final proof written in the second opportunity of evaluation will be the day 8 July 2021.
Have present that these dates can see altered by decision of the Council of Government of the University by circumstances sobrevenidas of sanitary character.
Minimum note of group to surpass the discipline in any one of both opportunities: 5 on 10.
SINGULARITY FOR STUDENTS REPETIDORES
The students that for having conceded the exemption of teaching, as well as the students repetidores/ace or that, by reasons fully justified and accepted the professor, do not have the obligation or can not assist and participate in the ordinary classes, expositivas and interactive, face-to-face or no face-to-face, will have to @realizar the proba final written to surpass the discipline and will be able to, of course, access to the maximum qualification in the subject filling the following requirements:
1ª) present the practices by writing (or remitted by mail), but in the same date that the fixed to present them by the remaining mates;
2º) @realizar a work, of a minimum of 15 and a maximum of 20 folios, no tutelado, of one of the questions of any one of the subjects of the Program, to election of the student, and following the formal guidelines and requirements of the Regulation of the Faculty of Right for the works of End of Grao.
The notes obtained in the practices or in the work will be kept in the opportunity of the month of July. If the student did not present in the final examination, will be described as “No presented”.
Minimum note of group to surpass the discipline in any one of both opportunities: 5 on 10.
For the case that it decree by the academic authorities the stage 2 (mixed teaching) or the stage 3 (teaching exclusively telematic), agrees a PLAN OF CONTINGENCY that details in the section OBSERVATIONS of this Educational Program
The preparation of the lectures requires a commitment of one hour approximate. During that time should make recommended readings, set the foreground and review the questions that have been raised or agrees to raise teachers. This task should be pre-class, on one hand, and in addition to reviewing the same, on the other.
The preparation of interactive classes requires more personal effort. It is not only to acquire knowledge but to apply to the activity to be developed. The time spent on these activities is greater than that for the lectures, since the student has to work individually or in coordination with other appropriate, in carrying out the proposed tasks.
The staff work done by each student, continued dedication and persistent manner, throughout the semester should enable him to pass the subject without insurmountable obstacles arise.
Regardless of the attention in the classroom, the tutorials are located in the Seminar of Legal History (3rd floor). If the student is able to devote the time estimated, in general, in the EHEA during each school day of the semester, continuous and persistent, and spend a few minutes reading the recommended, should not encounter too many problems successfully completing the course.
Readings and self-assessment exercises and explained issues are also performed.
For students who, for the reasons and circumstances as they are, can not attend classes regularly, or by language issues not access the proper understanding of the subject, and in general, any difficulty, it is advisable to go to the teacher .
In addition, attending classes regularly, as the experience of previous years, it is essential to overcome this course requirement.
It establishes a PLAN OF CONTINGENCY to determine the System of Evaluation and qualification in case to find us in the STAGES 2 And 3, if like this they went agreed by the academic Authority of the USC:
STAGE 2: MIXED TEACHING
In this stage, the assistance to class remains presencialmente diminished. Even so, and in the measure that keeps some presencialidad and fit computer means to check the telematic assistance to classes, said assistance will be evaluated in favour of the student, with 10% of the note.
- Realisation of practices, written or oral, and test: 40%. For his computation will demand the realisation of the 60 % of both. The punctuation obtained during the first cuatrimestre will conserve without modifications for the qualification of the second opportunity of evaluation.
- Realisation of a final proof written: 50%. The students will have to surpass the questions posed showing his knowledge on the matters contained in the program. The proof written will have to be surpassed with a punctuation of 4 (on 10) to compute the practices and test @realizar.
Minimum note of group to surpass the discipline in any one of both opportunities: 5 on 10
STAGE 3: UNICAMENTE TEACHING TELEMATICA
In this stage, the assistance to class disappears. Even so, and in the measure that fit computer means to check the telematic assistance to classes, said assistance will be evaluated in favour of the student, with 10% of the final note. If the stage 3 went sobrevenido along the cuatrimestre, will add the assistances referred of the previous stages to this new stage.
The professor will be sensitive to the fact dificultoso for a lot of students to follow the telematic classes in these circumstances. Said sensitivity will manifest in a lower requirement, if it was showed the difficulty, in the assistances.
-Realisation of practices, written or oral or oral, and test: 40%. For his computation will demand the realisation of the 60 % of both. The punctuation obtained during the first cuatrimestre will conserve without modifications for the qualification of the second opportunity of evaluation.
- Realisation of a final proof written: 50%. The students will have to surpass the questions posed showing his knowledge on the matters contained in the program. The proof written will have to be surpassed with a punctuation of 4 (on 10) to compute the practices and test @realizar.
Minimum note of group to surpass the discipline in any one of both opportunities: 5 on 10.
FOR BOTH STAGES, 2 And 3
The final proof written of the first cuatrimestre will take place the day 18 January 2021 in the classrooms and hours that detail in the bulletin board of the Faculty.
The date for the realisation of the final proof written in the second opportunity of evaluation will be the day 8 July 2021.
Have present that these dates can see altered by decision of the Council of Government of the University by circumstances sobrevenidas of sanitary character.
In these stages does not pose any singularity for students repetidores, that keep the general diet of the Stage 1
The notes obtained in the practices or in the work will be kept in the opportunity of the month of July. If the student did not present in the final examination, will be described as “No presented”.
The TUTORÍAS, regarding concrete schedules, although it informs to beginning of course to the students, the true is that in STAGE 2 And 3 can see altered by the circumstances, and perhaps, the most useful was to go fixing said tutorías, in accordance with the/the student/to interested, in attention to as they go developing the events.
In these Stages 2 and 3 where the presencialidad is limited or cancelled, the COMMUNICATION WITH THE PROFESSOR, in addition to the tutorías in the dispatch of the Area of History of the Right (3 er flat), if it was possible, the most indicated would be the communication by means of the email (mteresa.bouzada [at] usc.es (mteresa[dot]bouzada[at]usc[dot]es)) so that it can concertar some interview through the Platform TEAMS.
Maria Teresa Bouzada Gil
Coordinador/a- Department
- Special Public Law and Company Law
- Area
- History of Law and Institutions
- Phone
- 881814728
- mteresa.bouzada [at] usc.es
- Category
- Professor: Temporary PhD professor
| Thursday | |||
|---|---|---|---|
| 12:00-13:30 | Grupo /CLE_01 | Spanish | Conf. hall Lete del Rio |
| Friday | |||
| 12:00-13:30 | Grupo /CLE_01 | Spanish | Conf. hall Lete del Rio |
| 01.18.2021 10:00-12:00 | Grupo /CLE_01 | Assembly Hall |
| 07.08.2021 12:00-14:00 | Grupo /CLE_01 | Classroom 5 |