ISMAT 4850

History of Law

• ApresentaçãoPresentation

  The aim of this curricular unit is for students to acquire fundamental notions about the subject of the history of law and its methodology, as well as a solid background in the history of Portuguese law and its place in Western legal culture, from the Middle Ages, the Modern and Contemporary Ages and up to the 21st century.
• ProgramaProgramme

  Description of contents 1. introduction: what is law for the history of law?  Theory and Methodology; 2. Law in classical antiquity; 3. The evolution of the Sources of Roman Law (8th century BC - 4th century BC); 3. Corpus Iuris Civilis; 4. Medieval legal pluralism and common law (12th-18th centuries): a) The resurgence of Roman law; b) The codification of canon law and Jusnaturalism; c) The reception in Portugal from the reign of D. Afonso III (1292); d) The proper rights (Germanic, feudal and reigning). The legal schools of the lower Middle Ages (11th and 14th centuries); 6. Legal institutions and the function of judging in the lower Middle Ages; 7. The ordinances of the kingdom of Portugal: the birth and development of ius proprium; 8. Law in modern times: Enlightenment and Law. The rule of law: the Law of Good Reason (1769) and the Pombaline Reform of the University (1772); 9. The codification movement in Europe and Portugal.  
• ObjectivosObjectives

  Students should be able to: Understand the relationship between historical narratives and worldviews and analyze how law is viewed by history. Identify the main lines of force in the history of Portuguese law and its place in the development of the European and world historical process. Understand the importance of Roman law, Christian ethics and canon law in the historical formation of Portuguese law, as well as the great legal experiences that have influenced Portuguese law since the 19th century. Understand the challenges of modernity, especially the implementation in time and the significance of the birth of the rule of law, constitutionalism and the movement to codify laws and their methodologies.  
• BibliografiaBibliography

  António Manuel Hespanha (2012), Cultura Jurídica Europeia. Síntese de um Milénio, Coimbra, Almedina.   Mário Júlio de Almeida Costa (2012), História do Direito Português, 5ª ed. Revista e actualizada com a colaboração de Rui Manuel de Figueiredo Marcos, Coimbra.   Nuno Espinosa Gomes da Silva (2019), História do Direito português. Fontes de Direito, 7ºed, Lisboa, Fund. Calouste Gulbenkian.   Ruy de Albuquerque e Martim de Albuquerque, História do direito português, 13 ª ed., Lisboa, AAFDL, 2022.  
• MetodologiaMethodology

  Teaching focuses on the presentation and discussion of normative texts previously indicated to the students, considering their relevance to the formation of Portuguese law. The lectures will be given by the lecturer, who will use computerised resources to support the subjects covered. In practical classes, group or individual written work will be carried out, including comments on texts taught in theoretical and/or practical classes, as well as individual and/or collective oral presentations. Assessment will also include participatory debates by the students, thus allowing them to analyse the principles taught in practice. The practical aspect will always be favoured in the teaching of the subject.
• LínguaLanguage

  Português
• TipoType

  Semestral
• ECTS

  6
• NaturezaNature

  Mandatory
• EstágioInternship

  Não