|General History of Law and State||
Law - 1. semester
|Lecturer in charge||Consultations||Location|
|prof. dr. sc. Zrinka Erent-Sunko||
Wednesday from 10am - 11.30am
|Ćirilometodska 4, room 31|
|doc. dr. sc. Miran Marelja||
With a prior notice via email to email@example.com
|Ćirilometodska 4, room 49|
|doc. dr. sc. Ivan Obadić||
Monday from 12:00
|Ćirilometodska 4, room 49|
|Danijel Javorić Barić , mag. iur. (Lectures)||Ćirilometodska 4, room 38|
|Kurtović Šefko; Opća povijest prava i države 1; Autorska naklada (2005)|
|Kurtović Šefko; Opća povijest prava i države 2; Autorska naklada (2002)|
|Kurtović Šefko; Hrestomatija opće povijesti prava i države 1; Autorska naklada (1999)|
|Kurtović Šefko; Hrestomatija opće povijesti prava i države 2; Autorska naklada (2005)|
General History of Law and the State lays the foundations for understanding contemporary social events and positive law. Students will learn in the higher years of study through the lectures about state and legal systems from a historical perspective. Starting from the earliest theocratic forms of statehood that are just beginning to transcend centralized tribal communities and the original legal norms that outgrow their religious substratum at the legislator's will, the General History of Law and State course provides insight into the development of European and World legal culture. People. Students study this long-term process by getting acquainted with the content of selected legal norms and institutes and the notion of government characteristics of individual countries and their legal systems that belong to different time determinants in this process. The relationship between legislative acts, doctrinal teachings, and especially legal practice also reflects the actual application of the law. The state and law of ancient Sumer and then of ancient Greece, as opposing archetypes of the ancient state, their state and legal forms indicate differences in the nature and institutionalization of power, which primarily allow pronounced public law features.
On the other hand, these features are accompanied by private law regulation of mutual relations of the population. Although distant in time, this period left a legacy to modern society of the democratic order and its institutions created in the Athenian polis. The Middle Age is presented by comparing three different models of the European state and its legal life. In this period, the state of Franks is of particular importance - a country that is the link and basis of the common roots of today's European Union. Beginning with the early feudalism of the Franks, the content and temporal changes are studied through a comparison with the developed feudalism, on the example of the medieval English state and law. Special consideration is given to the beginning and development of the peculiarities of the structure of the English state and its legal system based on customary legal principles and rules, which are gradually supplemented by statutes (statutory law) and corrected by judicial application of equity law. As a particular lesson, due to its importance for the development of European society and its influence on shaping the common European legal history and law, the matter related to the systematizations and elaboration of material and formal sources of ecclesiastical law stands out. The development and functioning of the state in the Middle Ages ends with an overview of the development of Turkey and an exposition of the sources of the Sharia and Urf legal system.
The second part of the material follows the development of the state and law from the 16th century. By emphasizing the further development of the English state and law, especially the rule of law, parliamentarism and parliamentary government, the expansion of political rights, the variability of legal sources and systematization and changes in the administrative and judicial structure, analyses their impact on the United States into its republicanism and feudal structure. The plurality of real systems and cultures completes the 18th-century French state and law, whose statehood and turbulent political life, like its codifications of public and private law, will leave an immeasurable mark on European and world legal history thus shaping our legal present. Finally, building a Soviet state and rights on the ruins of the former Russian Empire will allow students to understand the polarized world of the twentieth century and different legal regimes, thus deepening their knowledge of the legal-historical process of Euro-Atlantic integration and the European Union.
Lectures related to the development of state legal systems bring students closer to certain legal areas (family, property, criminal law, etc.) and institutes (adoption, trust, etc.) and encourage thinking about legal systems, such as the one concerning ways of functioning of the judicial apparatus or characteristics of court proceedings. In addition to the adopted material, since some systems still have valid "old" constitutions (USA) or "old" institutes (e.g. fee simple), students, by adopting legal historical facts, partially adopt those that are indispensable for modernity. Emphasizing the differences and pointing out the similarities between the legal systems of individual countries and their legal systems belonging to different historical periods, the General History of Law and the State course provides students with the necessary introductory and essential knowledge to understand the material of positive law courses foundations of professional development of young lawyers.
Copyright 2022 - Pravni fakultet, Sveučilište u Zagrebu, sva prava pridržana.