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| DROI2323-1

 | Law Formation in the Middle Ages and the Modern Period

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| Duration : | 45h Th | |
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| Credits/ECTS : |
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| Holder(s) : | Robert Jacob | |
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| Course contents :
| The formation of European legal systems was determined by a revolution in judicial proceedings in the course of the 12th and 13th centuries. Two different forms of legal reasonings flowed directly from this mutation: the English version and the continental one, the latter being subjected to later subdividing. The aim of this class is to explore historically those sequences of events and to discern the common grounds of a European legal tradition on the one hand, and the continuity of national traditions on the other hand.
On a practical level, this class is presented in four parts. 1. A methodological introduction bearing on the origin and object of the comparative approach in legal history, as well as on the pertinence of legal anthropology. 2. The existence of a European legal culture before the rationalist revolution of the 12th and 13th centuries its general features the concept of "law" God judgment (jugement de Dieu) as the leading mecanism used to define culturally the judicial regulation. 3. Mutations in the Midde Ages. Examination of the formation process of three procedural systems: England, France and Germany. The different status of jurisprudence, doctrine and legal sources as the ius commune will also be confronted. 4. Modern Times. First period: consolidation of legal national traditions. Second period: the modern axiomatic jusnaturalistic school and the recomposition of a legal international regulation. | |
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| Organization :
| Judicial documents from different historical periods will be used to illustrate the presentation. The class should also be paralleled by a reasearch seminary where stuedents could present the results of personal researches. | |
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| Assessment :
| Oral examination, but students have the opportunity to replace it by a written work coupled with a discussion with the teacher. | |
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| Contacts :
| R. Jacob, tel.: 04/366.30.68 | |
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