A History of The Juristic Configuration of Europe

Treats that the students know the main juridical elements conformadores of the Law in Europe along the last two millenia. The juridical systems romans, anglo-saxon, germanic, canonical and feudal, although ones with greater incidence some that others, as well as the weight of the doctrine and of the distinct schools of juridical thought, in no few occasions, conditioned by the philosophical currents, political and religious that extended by the territory of what understands by Europe, without forgetting the paper exerted by the Universities will be, preferably, the object of analysis.

All this will allow to the student access to the plurality of the European juridical experience, to the possibility to comprise, by the road of the right compared, the regulation of the distinct institutions of private right and existent public in the distinct European countries.

To the time, will treat to analyse the future possibilities to access to a common Right European in this historical process that develops from the 20th century of realisation of a Unit of Europe.

PROGRAM


I. GENERAL APPEARANCES


SUBJECT 1: CONCEPT OF EUROPE: mythical senses, geographic, cultural. Influence Greek thought, oriental…

SUBJECT 2: APARICION OF THE EUROPEAN CONSCIOUSNESS: Battle of Poitiers and Charlemagne.

SUBJECT 3: JURIDICAL SYSTEMS EUROPEANS: roman Right and Corpus of Justiniano. Germanic legislation. Canonical right. Feudal right. English case: COMMON LAW.


II. THE POTESTAS. THE POWER IN EUROPE


SUBJECT 4: POTESTAS IN EUROPE: Empires and monarchies. State and sovereignty. Absolutism. The republics. Juridical text-modern politicians: Compilations, Constitutions, Codes, Statements of Rights.


SUBJECT 5: RELIGIONS And POWER IN EUROPE: universal Christianity and Christian particularisms. The Inquisition. Wars of Religion. Paz of Westfalia and in new European order. Relations between State and Church-papado until the 19th century.

SUBJECT 6: BUT ALLA OF THE EUROPEAN BORDERS: America, Africa, Colonialism. New empires. Conference of Berlin.

SUBJECT 7. NEW SUBJECTS OF POWER IN EUROPE: political parties and unionism proletario; the press; the women and the feminism. Big corporations. Elderly and young


III. THE AUCTORITAS. THE KNOWLEDGE IN EUROPE

SUBJECT 8: AUTORITAS IN EUROPE: Schools monacales until the 12th century. Universities. Schools of juridical thought.


IV. INSTITUTIONS POLITICAS And JUDICIAL IN EUROPE


SUBJECT 9: LEGISLATIVE INSTITUTIONS: mediaeval Courts, Parliaments and constitutional Courts.

SUBJECT 10: JUDICIAL SYSTEMS: roman judges, roman procedures, mediaeval judges and mediaeval procedures, modern judges, system of the Ius Commune, new judicial principles. Justice in constitutional period.



V. FINAL QUESTIONS

SUBJECT 11: UNIFICACION EUROPEAN?. REPENSANDO EUROPE: political Positions after the I World-wide War (Society of Nations), situation after the II World-wide War, current situation (Brexit, migrations and pandemias).

The specific bibliography will be signalled in class, but like books of general character for query:

-COING, H., The private right European, trad. Antonio Pérez Martín, Madrid, 1996.
-DELL'AQUILA, And., Introduction to the study of the English Right, prologue J.L. Of the Servants, Valladolid, 1982.
-KOSHACKER, P., Europe and the roman Right, trad. Santa Cruz Teijeiro, Madrid, 1955.
-MERRYMAN, J.H., The roman juridical tradition-canonical, trad. Carlos Sierra, Mexico, 1979.
- SANCHEZ CLAY, J., Jacobus, ie quod ego. The ways of the juridical science, Dykinson, Madrid, 2003.
-STEIN, P., The roman right in the history of Europe. History of a juridical culture, prologue of Juan Pablo Fusi, César Baker Méndez-Arming Roman Rodríguez (trads), Madrid, 2001.
-WIEACKER, F., History of the private right of the Modern Age, trad. Francisco Fernández Jardón, Madrid, 1957.
-ZIMMERMANN, R., Studies of private Right European, trad. Antoni Vaquer Aloy, Madrid, 2000.

Are similar to the own competitions of the subject troncal of Historical Foundations of the Spanish Right:

- Know the different forms of creation of the Right in his historical evolution.
- Know and interpret the plurality of legal sources in his historical context.
- Know the common appearances and differentials of the main juridical institutions in his historical evolution in the different juridical legislations European
- Comprise the interrelationship between the juridical systems Europeans.
- Comprise the historical foundations-juridical in which it assent the juridical system European.

Apparently 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.

TEACHING LENGUAGE: spanish.

I. CRITERIA OF QUALIFICATION:

- All the students of this matter will be evaluated in function of his participation in the activities, face-to-face or no face-to-face, that develop along the cuatrimestre, as well as by the realizacion of a proof written.
- Any activity is compulsory, but to approve the discipline has to reach a minimum punctuation of 5 on 10 in group, in any one of the two opportunities established during the academic course 2024 / 2025.
- With each one of the exposed activities looks for that the students purchase the indispensable knowledges to surpass the matter.

- To the effects of the new REGULATION OF PERMANENCE in the Degrees and Másteres University 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 regarding the application of his article 5 (Exhaustion of announcements) regarding the matter History of the Juridical Configuration of Europe, establish the following requirements:
to) it considers evaluable for the final note the realisation of practices, proofs or any another academic activity that @realizar from 3 October 2024. Any another activity that @realizar before this date will be computable only for those students that from September 3 October 2024 continue assisting to classes, participate actively in the face-to-face classes and @realizar the activities proposed.
b) The students that @realizar all or some of the practices, but do not present to the final examination, will be evaluated as "No presented". However, the notes of assistances and practices will save for the opportunity of 11 June 2025.

II. EVALUATION OF ACTIVITIES

The assessment of the educational activities is practically the same that the established in previous courses:

- Assistance to class: 10% of the final note. Like this then , the assistance to the whole of the classes computed will be described with a 1, and will go descending the qualification, of proportional way, to measure that descend the number of assistances computed of the student. The qualification obtained during the first cuatrimestre will keep invariable for the qualification of the second opportunity in June of 2025.

A warning: those students that can not assist to a concrete class by diverse reasons (selection of the subject of the TFG, drop by illness, examination of the carnet to drive...) They DO not HAVE TO DELIVER JUSTIFICANTE To THE PROFESSOR, since one or some absence does not affect to the note. However, they will have to present justificante in case of reiterated or frequent absences since in this case, yes can see affected his note.

- Realisation of practices, written or oral: 20%. The qualification obtained during the first cuatrimestre will keep invariable for the qualification of the second opportunity of evaluation.

- Realisation of a proof written final: 70%. In him the students will have to surpass the exposed questions showing his knowledges on the matters contained in the program.

The proof written final of the first cuatrimestre will curry on 8 January 2025 in the classroom and schedule detailed in the bulletin board of the Faculty. The date for the realisation of the proof written final in second opportunity of evaluation will be on 11 June 2025. The official dates of the examenes will not modify except circumstances sobrevenidas (illness, transfer of house, labour changes...) Or by born obligation of the university Regulations or requirement decanal. If the student does not present to the final examination, will be evaluated as “No presented”.

The students that for having enjoyed of the EXEMPTION OF TEACHING, as well as the REPEAT STUDENTS or that, by causes fully justified and accepted by the professors, are not forced or can not assist and participate in the ordinary classes, expositivas and interactive, face-to-face or no, will be evaluated according to the following criteria:

To) the students with exencion of teaching will have to do the same practices, or other similar according to the case, what their classmates and tehy will present them in the same dates and with identicas conditions that the rest of their mates.

b) If the repeat students assist to some classes or carry on any of the practices or activities will be evaluated by the work done and will take into account in the final note.

c) To surpass the discipline, so much the repetidores like which have exemption of teaching will have to do the proof written final and will be able to, of course, access to the maximum qualification in the matter fulfilling the following requirements:

1ª) Contact to the professor in the term that indicate to communicate him his academic situation, for what will have to present, if it was the case, the supporting documentation.

2ª) Present the practices by writing (or send them by email), but in the same date in that they have to present them the rest of mates; if the practices have @realizar in class, or have been oral presentations, will be able to attend to on-line systems or will have to do a practice written different, but similar, to the ones of the rest of mates.

3º) The notes obtained in the practices will keep in the announcement of the month of June. If the student does not present to the final examination, will be evaluated as "No presented".

4º) The minimum global note to approve the discipline: 5 on 10.

The preparation of the classes expositivas demands a dedication, approximate, of an hour. During said time suits to do the readings recommended, fix the knowledges purchased and review the doubts that have posed or suit to pose to the professors. This task would have to be previous to the class, on the one hand, and in addition to review of the same, by another.

The preparation of the interactive classes demands a greater personal effort. It does not treat only to purchase knowledges but to apply them to the activity that go to develop. The time devoted to these activities is greater that the destined to the classes expositivas, since the student has to work individually, or in his case coordinated with others, in the realisation of the tasks proposed.

The personal work developed by each student, of way continued and with persistent dedication, along the cuatrimestre has to allow him surpass the matter without that pose obstacles insalvables.

Independently of the attention in the classroom, the hours of tutorías finds in the Seminar of History of the Law (3 ª plant; although the best is to fix a tutorship, that will be able to do pro Teams, with the agreement of the student.

Also they will do readings and exercises of autoevaluación of the already explained questions.

For the students that, by the reasons and circumstances that are, can not attend to the classes with assiduity, or by idiomatic questions do not access to the suitable understanding of the matter, and in general, in front of any difficulty, advises attend to the professor.

Besides, the assist to the classes with regularity, according to the experience of previous years, is indispensable requirement to surpass this subject.

OBSERVATIONS FOR STUDENTS WITH ALGUN TYPE OF DISABILITY

The students with some type of disability, before attending to the professor, is very recommended that attend to the SERVICE OF PLANIFICACION And INTEGRACION UNIVERSITY, with headquarters in the Student Pavilion of the Campus Life. To said Service have to put them to the so much of his difficulties, is to them to those who have to deliver the medical or psychological documentation justificativa necessary, will be the Service those who do them the recommendations pertienentes and the one who will put in contact with the professor with the purpose to favour the superación of the subject.


OBSERVATIONS FOR ERASMUS, SOCRATES, PERTINENT STUDENTS OF OTHER UNIVERSITIES, STUDENTS THAT EXPECT THE VALIDATION OF THE MATTER

It recommends that they put in contact the first dias of course with the professor to end to comment his situation academica.