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Offered only in the first semester, the course aims to study those general basic legal concepts, starting from the bases and principles which constitute the historical and scientific foundations of Law, without forgetting its practical and jurisprudencial aspect, as well as the social reality in which this discipline should have its immediate application. The student who chooses this course will study multiple political-constitutional structures and private, criminal and procedural Law which are present in the Spanish legal system. Syllabus SUBJECT 1: Primitive Spain.- The problem of legal and historical periodification. Political-administrative organisation of pre-Roman Spain. The beginnings of the State. General characteristics of primitive Law. Political administrative organisation of the Greek and Phoenician colonies and of the Carthaginian domains. SUBJECT 2: Roman Spain.- Integration of Iberian peninsula in the Roman world. Divisions of Roman Spain into provinces and their legal regime. Cities in Roman Spain. Roman law in local and municipal organisation. The subject of law: the human person. Legal capacity and the capacity of acting. SUBJECT 3: Visigothic Spain.- The Visigothic settlements. The State, the Monarchy and the Law. The creation of the law: the Senatus and the Aula Regia. Central political-administrative organisation. Administration of the territory. Modifying circumstances of the capacity of acting: age, sex. illness, social class, religion, nationality and infamy. SUBJECT 4: Spain in the Middle Ages.- The Moslem invasion and its incidence in peninsular Law. The Jews in Spain. The Christian states of the Reconquest. The creation of law in the Middle Ages, The reception of Common law. The Bologna School. SUBJECT 5: Central administration and its associated organs. The Curia Regia and the Royal Council. The Courts. The Universities. The object of law: Possessions. Principal contracts. Obligations. The civil process. SUBJECT 6: The modern state and the universalisation of Castillian Law. The growth of regal law and its problems. Spanish American Law. State and Monarcy in this period. Legal documents. Spanish Law in Europe. SUBJECT 7: The Courts: Their evolution and decline. The House of the King and Central Administration. Family and Estate Law. Wills and Inheritances.Adoption. SUBJECT 8: Constitutional Law.- Public Law in this period. The constitutional Monarchy. The Courts in the contemporary age. The administration of Justice and the Organisation of Tribunals in Spain. SUBJECT 9: Central contemporary administration: Organisation and characteristics. Criminal Law: Crime and punishment. The criminal process. SUBJECT 10: Towards a new Law in the European Union. Legal protection of the Environment. The administration of Justice in Community Law. Activities The classes will preferably be lecture-based, allowing the students to intervene at any moment to ask questions or introduce personal ideas. There will be many examples and practical cases given on the material taught and on compared Law. Throughout the year several written tests will be carried out, which may or not be based on material studied in class. The student will not be told in advance of the tests, but will always be beneficial to those students who complete them favourably, and will constitute part of the final assessment. Assessment The tests will be written and there will be several different marks to be taken into account for the final assessment. Towards the middle of the term a mid-term exam will be set which will be eliminatory on the material it contains. At the end of the term another exam will be set which will be considered as the final course exam. Attendance and active participation in class will also be taken into account, making up 25% of the total mark. The final mark will be in accordance with the North American system. Bibliography ESCUDERO, J.A.: Curso de Historia del Derecho. Fuentes e institutions politico-administartivas, Second edition, Madrid 1995. CORONAS GONZALES, SANTOS M.: Manual de Historia del Derecho Español. Published by Tirant lo Blanch. Valencia 1996. GARCIA DE VALDEAVELLANO, L.: Curso de Historia de las institutions españolas, Madrid, 1977. PEREZ-PRENDES, J.M.: Curso de Historia del Derecho español. I, Madrid 1989. Historia del Derecho Español II. Servicio de Publicaciones, Faculty of Law. The Complutense University, Madrid 1999. TOMAS Y VALIENTE, F.: Manual de Historia del Derecho Español. Madrid, 1983. LALINDE ABADIE, J. Curso de Derecho Histórico Español, Zaragoza, 1986.
Students will study those general basic legal concepts, starting from the bases and principles which constitute the historical and scientific foundations of Law, without forgetting its practical and jurisprudencial aspect, as well as the social reality in which this discipline should have its immediate application.
The problem of legal and historical periodification. Political-administrative organisation of pre-Roman Spain. The beginnings of the State. General characteristics of primitive Law. Political administrative organisation of the Greek and Phoenician colonies and of the Carthaginian domains.
Integration of Iberian peninsula in the Roman world. Divisions of Roman Spain into provinces and their legal regime. Cities in Roman Spain. Roman law in local and municipal organisation. The subject of law: the human person. Legal capacity and the capacity of acting.
The Visigothic settlements. The State, the Monarchy and the Law. The creation of the law: the Senatus and the Aula Regia. Central political-administrative organisation. Administration of the territory. Modifying circumstances of the capacity of acting: age, sex. illness, social class, religion, nationality and infamy.
The Moslem invasion and its incidence in peninsular Law. The Jews in Spain. The Christian states of the Reconquest. The creation of law in the Middle Ages, The reception of Common law. The Bologna School.
The Curia Regia and the Royal Council. The Courts. The Universities. The object of law: Possessions. Principal contracts. Obligations. The civil process.
The growth of regal law and its problems. Spanish American Law. State and Monarcy in this period. Legal documents. Spanish Law in Europe.
The House of the King and Central Administration. Family and Estate Law. Wills and Inheritances. Adoption.
Public Law in this period. The constitutional Monarchy. The Courts in the contemporary age. The administration of Justice and the Organisation of Tribunals in Spain.
Criminal Law: Crime and punishment. The criminal process.
Legal protection of the Environment. The administration of Justice in Community Law.
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