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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 : |
| Master in Law, Professional Focus in Business Law, 1st year | | Toute l'année | | 6 |
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| Master in Law, Professional Focus in Public and Administrative Law, 1st year | | Toute l'année | | 6 |
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| Master in Law, Professional Focus in Private Law, 1st year | | Toute l'année | | 6 |
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| Master in Law, Professional focus in Criminal Law, 1st year | | Toute l'année | | 6 |
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| Master in Law, Professional Focus in Labour Law, 1st year | | Toute l'année | | 6 |
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| Holder(s) : | Robert Jacob |
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| Language : | French language |
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| Course contents : | The formation of European legal systems was determined by a revolution in judicial proceedings during the 12th and 13th centuries. Two different forms of legal reasonings arose directly from this transformation: the English version and the continental one, the latter being subjected to later subdividing. The aim of this class is to explore these sequences of events from a historical point of view 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 on the origin and object of the comparative approach in legal history, as well as on the relevance 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" - Judgment of God (jugement de Dieu) as the leading mecanism used to culturally define judicial regulation.
3. Transformations 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 such as the ius commune will also be dealt with.
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 exam, although students have the opportunity to replace it by a piece of written work followed by a discussion with the tutor. |
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| Contacts : | R. Jacob, tel.: 04/366.30.68 |
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