This learning unit is not open to incoming exchange students!
Teacher(s)
Decock Wim; Pierrard François (compensates Decock Wim);
Language
French
Main themes
The course considers the history of law from the Middle Ages to the present day from a transdisciplinary and comparative perspective. In 2023-2024, the course will be divided into two parts.
The first part of the course essentially deals with the development of private law through a historical analysis of selected issues. After a lesson devoted to the problem of codification as a tool for modernising the law, the following subjects will be addressed: the links between constitutional law and private law, the writing of legal history as an expression of questions of identity, the evolution of family law and inheritance law as a mirror of changes in society, the impact of the French Revolution on the development of property law, the debates surrounding the autonomy of the will following industrialisation and the workers' question.
The second part of the course offers a systematic overview of the external history of the law according to the main formal sources (legislation, case law, doctrine and, for the old law, custom and learned law), from the Middle Ages to the present day, in a comparative perspective (Belgium, France, Germany, England). The approach consists of interpreting these developments according to a political history grid: at the same time, this approach makes it possible to tackle some fundamental themes of public law (e.g. good governance).
The first part of the course essentially deals with the development of private law through a historical analysis of selected issues. After a lesson devoted to the problem of codification as a tool for modernising the law, the following subjects will be addressed: the links between constitutional law and private law, the writing of legal history as an expression of questions of identity, the evolution of family law and inheritance law as a mirror of changes in society, the impact of the French Revolution on the development of property law, the debates surrounding the autonomy of the will following industrialisation and the workers' question.
The second part of the course offers a systematic overview of the external history of the law according to the main formal sources (legislation, case law, doctrine and, for the old law, custom and learned law), from the Middle Ages to the present day, in a comparative perspective (Belgium, France, Germany, England). The approach consists of interpreting these developments according to a political history grid: at the same time, this approach makes it possible to tackle some fundamental themes of public law (e.g. good governance).
Content
The course considers the history of law from the Middle Ages to the present day from a transdisciplinary and comparative perspective. In 2026-2027, the course will be divided into two parts.
The first part of the course covers the history of public law and the history of criminal law from a comparative perspective (Belgium, France, Germany, England, etc.). Institutional history will be discussed insofar as it is necessary for a proper understanding of certain fundamental themes in public law (such as good governance). This first part will also cover the external history of the law, drawing on the main formal sources (legislation, case law, legal doctrine and for ancient law custom and learned law). Given the current recodification, the course will focus in particular on the emergence and development of the codification process.
The second part of the course provides an overview of the history of private law, beginning with an account of the history of Belgian civil codification, from its origins to its most recent developments. Several topics relating to substantive private law will then be addressed, including the law of marriage, family and succession, as well as the evolution of property and contract law through the ages.
The first part of the course covers the history of public law and the history of criminal law from a comparative perspective (Belgium, France, Germany, England, etc.). Institutional history will be discussed insofar as it is necessary for a proper understanding of certain fundamental themes in public law (such as good governance). This first part will also cover the external history of the law, drawing on the main formal sources (legislation, case law, legal doctrine and for ancient law custom and learned law). Given the current recodification, the course will focus in particular on the emergence and development of the codification process.
The second part of the course provides an overview of the history of private law, beginning with an account of the history of Belgian civil codification, from its origins to its most recent developments. Several topics relating to substantive private law will then be addressed, including the law of marriage, family and succession, as well as the evolution of property and contract law through the ages.
Teaching methods
Ex cathera lectures, combined with texts reading
Evaluation methods
The first part of the examination will consist of a number of TRUE/FALSE questions. Students will be asked to combine their knowledge of the ex cathedra course with their reading of selected texts.
The second part of the exam will take the form of open questions inviting students to reflect, for example by means of comparative developments in the countries studied during the course. Where possible, students will also be confronted in the examination with a primary historical source, a text that has not been dealt with explicitly in the course, using questions that challenge their critical faculties and their understanding of the subject.
The second part of the exam will take the form of open questions inviting students to reflect, for example by means of comparative developments in the countries studied during the course. Where possible, students will also be confronted in the examination with a primary historical source, a text that has not been dealt with explicitly in the course, using questions that challenge their critical faculties and their understanding of the subject.
Online resources
See Moodle
Bibliography
Celle-ci est contenue dans les références déposées sur Moodle.
Bibliographical references are provided in various documents posted on Moodle.
Bibliographical references are provided in various documents posted on Moodle.
Faculty or entity