History of European Public Law

elective courses
general courses

Classroom

The course is dedicated to the European legal history with particular focus on the criminal and public law (administrative and constitutional). The basic perspective of the course is legal one but with interdisciplinary approach including social, economic and political contexts. Legal tradition regarding private law will not be covered, however, as a division into public and private law is a product of the modern age, some topics will be connected to the matter that is traditionally recognized as a part of private law (for exemple anglo-saxonic common law).

The course is focused on the history of criminal law (substantive and procedural) and public law (administrative and constitutional) in Europe from ancient epoch to the 20th Century. The elementary approach of the course is interdisciplinary perspective including (beside legal one) social, economic and political contexts. Particiular emphasis is placed on the critical analysis of legal institutions which are commonly and stereotypically explained in a superficial way. That could be applied to the ostracism in athenian democracy (used max. several times) that was very reasonable tool for athenians commoners to control local aristocracy or doubts toward feudalism in medieval Europe that was less popular and not as universal as historians recently thought. Another important matter of the course are effects of the industrial revolution and creation of modern society and nations in Europe and its links to the ways how the Law in Europe is created and developed. The last part is legal system regarding totalitarian State in Europe.

1. Lessafer R., European Legal History: A Cultural and Political Perspective, Cambridge 2009.

2. Olivia F. Robinson, T. David Fergus, William M. Gordon, European legal history. Sources and institutions, 3 ed., London 2000.

3. The Oxford Handbook of European Legal History, ed. by H. Pihlajamäki, M.D. Dubber, M. Godfrey, Oxford 2018.

4. Modzelewski K., Barbarian Europe, Warsaw 2004 (translations: fr, it, de).

5. Reynolds S., Fiefs and Vassals. The Medieval Evidence Reinterpreted, Oxford 1994.

6. Forsdyke S., Exile, ostracism, and democracy : the politics of expulsion in ancient Greece, Princeton 2005.

7. Foucault M., Discipline and punish: the birth of the prison, New York 1995.

8. Beccaria C., On Crimes and Punishments, Cambridge 2012.

After the course students will be able to:

- describe evolution of criminal and administrative law in Europe from antiquity to the 20th Century;

- explain general notions regarding criminal and administrative law as well as their origins;

- determine legal institutions and solutions originated from barbaric legal systems in Europe;

- identify legal aspects of European totalitarisms of 20th Century.

1. Regular attendance.

2. Activity during the class.

3. Final test (if needed)

not applicable