Teacher(s)
Language
English
Prerequisites
A good command of English, both spoken and written, is required for this course.
Main themes
The Legal History course aims to provide training in the historical approach to law, both from a critical and scientific perspective, as well as in its connection to contemporary societal issues. In this regard, it seeks to serve as a “bridge” between current legal problems and their origins and development in the past. From this perspective, it will introduce students to the historical method applied to law and the institutions governed by it.
The Legal History course will also reflect on the historicity — that is, the development and transformations over time — of several legal principles that govern contemporary Europe. It will train students in a critical approach to law and in understanding the historicity of various legal concepts. The course does not aim to be exhaustive; rather, it primarily seeks to develop students’ legal-historical culture and to equip them with the skills to critically and scientifically analyze legal norms and institutions (in the broad sense) through history.
This course focuses on the development of European law and the changes in judicial systems from the late Early Modern period to the present day. Among the topics covered in the lectures are: the spread of Roman law in Europe and the intellectual traditions of legal history, state formation and criminal law, international law and war, constitutional law history, codification, law enforcement, and more. In addition to lectures, case studies will focus on specific topics and will deepen understanding through article readings, document examinations, conferences, media analysis, and other methods.
Learning outcomes
At the end of this learning unit, the student is able to : | |
This course will contribute significantly to the reaching of learning outcomes of the bachelor’s degree in law by giving to student:
A solid grounding in the humanities and social sciences so that they are able to decode legal phenomena in a comprehensively inter-disciplinary perspective.
Critical thinking skills;
A command of the methods and tools of legal documentary research (legislation, case law and doctrine) so as to be able to use them for personal academic work;
The ability to understand, study and render theoretical content in a language other than French (English and Dutch).
More specifically, students will also demonstrate the ability to analyze:
The major shifts in legal orders from the 18th to the 20th centuries;
Fundamental concepts (such as codification, human rights, citizenship, equality, transitional justice, civil rights, suffrage) within their historical contexts;
The interactions between socio-political and legal dynamics;
The key actors driving legal change;
The structure of international society;
The development of laws of war;
The evolution and challenges of penal law and justice at both national and international levels.
Additionally, students will be able to:
Work creatively with international and national legal sources;
Express themselves using appropriate and universally recognized legal language;
Present information clearly and coherently, both in writing and orally;
Compare different legal systems effectively. |
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Content
Among other related subjects, the topics covered in this course include:
The spread of Roman law in Europe;
The intellectual traditions of legal history;
The codification process;
The penal response to violence;
International law and imperial orders;
Restoring the legitimacy of the State through law following wars;
International law, imperial orders (colonization and decolonization);
The history of penal policies and institutions.
The spread of Roman law in Europe;
The intellectual traditions of legal history;
The codification process;
The penal response to violence;
International law and imperial orders;
Restoring the legitimacy of the State through law following wars;
International law, imperial orders (colonization and decolonization);
The history of penal policies and institutions.
Teaching methods
This is a lecture course with required readings, analysis of primary sources (archives, historical case law), and lectures by external speakers. Active student participation is also expected, including compulsory readings, presentations, and/or essays.
Evaluation methods
Type d’évaluation (et dispositifs éventuels) :
The course will be assessed through mandatory presentations and/or essays during the semester and through a final written exam, which will consist of up to ten short knowledge questions and one synthesis question. A list of 24 synthesis questions, including the one that will appear on the exam, will be provided to students during the course. Students will be able to prepare these questions in advance using the course materials.
Langue de l’évaluation : english
Critères d’évaluation : The students will be assessed, through an essay or an oral presentation and a final written exam, on their ability to connect and relate different parts of the course, particularly between the lectures and the case studies presented. Proficiency in English will not be evaluated; however, the ability to express complex thoughts with nuance is required.
Autres précisions : None
The course will be assessed through mandatory presentations and/or essays during the semester and through a final written exam, which will consist of up to ten short knowledge questions and one synthesis question. A list of 24 synthesis questions, including the one that will appear on the exam, will be provided to students during the course. Students will be able to prepare these questions in advance using the course materials.
Langue de l’évaluation : english
Critères d’évaluation : The students will be assessed, through an essay or an oral presentation and a final written exam, on their ability to connect and relate different parts of the course, particularly between the lectures and the case studies presented. Proficiency in English will not be evaluated; however, the ability to express complex thoughts with nuance is required.
Autres précisions : None
Online resources
Course material includes powerpoint slides, required texts and a short syllabus (course outline, including main concepts, list of resources, and documents. All these will be provided on Moodle.
Bibliography
Herzog T., A Short History of European Law: The Last Two and a Half Millenia, Cambridge, Harvard University Press, 2019.
Lesaffer R., European Legal History. A Cultural and Political Perspective, Cambridge, Cambridge University Press, 2009.
Robinson O., Fergus T., Gordon W., European Legal History. Sources and Institutions, London-Dublin-Edinburgh, Butterworth 2000.
Wijffels A., Introduction historique au droit. France, Allemagne, Angleterre, 2e éd., Paris, Presses universitaires de France, 2014.
The bibliography varies depending on the lectures and case studies. A more detailed bibliographical list will also be provided on Moodle.
Lesaffer R., European Legal History. A Cultural and Political Perspective, Cambridge, Cambridge University Press, 2009.
Robinson O., Fergus T., Gordon W., European Legal History. Sources and Institutions, London-Dublin-Edinburgh, Butterworth 2000.
Wijffels A., Introduction historique au droit. France, Allemagne, Angleterre, 2e éd., Paris, Presses universitaires de France, 2014.
The bibliography varies depending on the lectures and case studies. A more detailed bibliographical list will also be provided on Moodle.
Faculty or entity
