MP103Zk General History of Law

Faculty of Law
Autumn 2024
Extent and Intensity
2/1/0. 4 credit(s). Type of Completion: zk (examination).
Taught in person.
Teacher(s)
prof. JUDr. Ladislav Vojáček, CSc. (lecturer)
doc. JUDr. Bc. Jaromír Tauchen, Ph.D., LL.M. Eur.Int. (lecturer)
JUDr. David Kolumber, Ph.D. (lecturer)
Mgr. et Mgr. Lenka Šmídová Malárová, Ph.D. et Ph.D. (lecturer)
Mgr. Milan Dobeš (seminar tutor)
Mgr. Jan Kabát (seminar tutor)
Guaranteed by
doc. JUDr. Bc. Jaromír Tauchen, Ph.D., LL.M. Eur.Int.
Department of the History of the State and Law – Faculty of Law
Contact Person: Zuzana Suchá
Supplier department: Department of the History of the State and Law – Faculty of Law
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_) (2)
  • Law (programme PrF, M-PPV) (2)
Course objectives
The goal of the General History of Law course is to recognize the main trends in the development of the state and law in Europe and in the USA and thus allow the students to view the current Czech legal system and its development in a broader perspective.
The main aims of the course are:
- identifying the main trends in the development of the state throughout history;
- understanding the specifics of the pre-modern state and comparing it to the modern state;
- understanding the specifics of pre-modern law and comparing it to modern law;
- understanding the process of formation of various branches of public law;
- familiarizing oneself with the contemporary causes for the movement to introduce constitutional regimes;
- familiarizing oneself with the contemporary causes for the movement to codify civil rights;
- explaining the key characteristics of modern constitutions and legal codes;
- understanding the importance of 18th and 19th century legal codes for the development of continental law;
- explaining the functioning of the authoritarian (totalitarian) regimes of the 20th century in regard to law;
- characterizing the key differences between continental and common law;
- understanding the formation of international law in the 20th century
- analysis of the specific characteristics in the modern development of selected European countries (Germany, Italy, France, the UK, the USSR) and the USA.
Learning outcomes
After finishing the course, a student will be able to:
- identify and summarize the key characteristics of the development of the state and law in selected European countries and the USA;
- using the knowledge of the development of the state and law since early history competently evaluate later legal developments, as well as contemporary law;
- compare and stress the differences in legal systems under various forms of government;
- describe the steps taken by totalitarian regimes to transform democratic, rule of law legal systems into totalitarian ones.
Syllabus
  • Introduction, periodization; Pre-modern state and law; Private law codification in the 18th and 19th centuries; The beginnings of constitutionalism and the enshrinement of fundamental human rights; The development of the state and law in the 19th century (Germany, France, Italy, Russia, the Balkans) I.; The development of the state and law in the 19th century (Germany, France, Italy, Russia, the Balkans) II. ; Development of the State and Law in Totalitarian Regimes I. (Soviet Law); Development of the State and Law in Totalitarian Regimes II. (Nazi Law); Characteristic Features of Legal Development in Western Europe in the Second Half of the 20th Century I.; Characteristic Features of Legal Development in Western Europe in the Second Half of the 20th Century II.
Literature
    recommended literature
  • SCHELLE, Karel, Marta KADLECOVÁ, Renata VESELÁ, Eduard VLČEK, Michaela ŽIDLICKÁ, Ladislav VOJÁČEK and Ilona SCHELLEOVÁ. Právní dějiny (Legal History). 1st ed. Plzeň: Aleš Čeněk, 2007. 1134 pp. Právo. ISBN 978-80-7380-043-7. info
  • VOJÁČEK, Ladislav, Ondřej HORÁK, Pavel SALÁK, Karel SCHELLE, Renata VESELÁ and Eduard VLČEK. Praktikum z právních dějin (Practice of Legal History). / Ladislav Vojáček a kolektiv. 1st ed. Pelhřimov: Jaroslav Samek, 2006. 236 pp. 1.sv. ISBN 80-86391-19-1. info
  • Dějiny evropského kontinentálního práva : vysokoškolská právnická učebnice. 4. upravené vydání. Praha: Leges, 2018. 816 stran. ISBN 9788075022684. info
  • KUKLÍK, Jan and Radim SELTENREICH. Dějiny angloamerického práva. Vyd. 2., V nakl. Leges vyd. Praha: Leges, 2011. 871 s. ISBN 9788087212875. info
Teaching methods
The course is conducted using lectures and seminars. The lectures focus on presenting the general characteristics in the development of the state and law. They are thematically accompanied by the seminars which accentuate a deeper analysis of certain topics presented at the lectures. The seminars consist of classroom discussion and the analysis of selected documents relating to the history of law.
Assessment methods
The course is concluded by a written final exam during which students answer openly formulated questions. As part of the seminary lessons, it is necessary to pass two out of three tests during the semester and a final seminary test, which along with active participation in the seminars forms the requirements for being admitted to the final exam.
Language of instruction
Czech
Follow-Up Courses
Further comments (probably available only in Czech)
The course is taught annually.
The course is taught: every week.
Listed among pre-requisites of other courses
Teacher's information
Students with ISP (Individual Study Plan) shall register into the ISP seminar group and should contact the teacher of the ISP group before the beginning of the semester in order to have the requirements for admittance to the final exam set by them.
The course is also listed under the following terms Autumn 1999, Autumn 2000, Autumn 2001, Autumn 2002, Autumn 2003, Autumn 2004, Autumn 2005, Autumn 2006, Autumn 2007, Autumn 2008, Autumn 2009, Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2018, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023.
  • Enrolment Statistics (Autumn 2024, recent)
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