Learning outcomes of the curricular unit

It is intented that the students acquire an overview of the evolution of the History of Law, particularly the Portuguese Law, in the broader context of the History of Law in Europe, both in terms of the sources of law and of the legal thought. The aim is also to make students understand the historical evolution of the Law from the analysis of the evolution of some concrete legal institutions and legal changes relevant for the Portuguese and European legal system determined by currents of legal, economic and political thought, dominant at the time.

Syllabus

I - Delimitation and brief description of the three periods in the History of Portuguese Law

II - Period of individualization of Portuguese law
1. Sources of law, characterization of the legal system and credit contracts

III - Period of Portuguese law of Roman-canonical inspiration.
1. Time of reception of the Common Law
- School of Glossarists
- School of Commentators
- Canon Law
2. Time of Ordinances
- Definition, historical background, organization and content of ordinances
- Legal Humanism

IV - Period of the formation of modern Portuguese Law
1 - Time of Rationalist Jusnaturalism
- Rationalist School of Natural Law
- Usus Modernus Pandectarum
- Elegant Jurisprudence
- Enlightenment
- Humanitarianism
- Pombal reforms
2 - Time of Individualism
- Political individualism and economic liberalism
- Legal Positivism and the School of Exegesis
- Historical School of Law
- Pandectists
- Reference to the Portuguese codifier movement
3. Time of Social Law