Universidad de Jaén

I: LAW IN ANTIQUITY

Unit 1: The Roman-Gothic Legal System.

• I. The juridical Romanization of Hispania.
• II. General characteristics of Roman law.
• III. Sources of Roman law: Leges and Iura.
• IV. The fall of the Western Roman Empire and the settlement of the Visigothic people in the Iberian Peninsula.
• V. General characteristics of Visigothic law.
• VI. Sources of Visigothic law.

Unit 2: Early Medieval Law.

• I. The formation of the Christian kingdoms and the Reconquista as a structuring element of the new territorial reality.
• II. Repopulation as an element of legal diversification.
• III. General characteristics of law in the Early Middle Ages.
• IV. Sources of early medieval law.
• V. Feudal law.

II: THE ROMAN-CANONICAL RECEPTION AND THE FORMATION OF LATE MEDIEVAL LAWS

Unit 3: The formation of Ius Commune and its reception in the Hispanic kingdoms.

• I. The School of Bologna.
• II. The postglossators and their method: the mos italicus.
• III. Canon law in the Late Middle Ages.
• IV. Ius Commune and ius proprium.
• V. The reception of Common Law in the Hispanic kingdoms.

Unit 4: Late medieval law in the Crown of Castile.

• I. General characteristics of late medieval Castilian law: Castilian decisionism.
• II. The legislative policy of Alfonso X: Fuero Real, Espéculo, and Partidas.
• III. Other sources of Castilian law.
• IV. The influence of Common Law: from the Ordenamiento de Alcalá de Henares (1348) to the Leyes de Toro (1505).
• V. The law of the Basque territories and Navarra.

Unit 5: Late medieval law in the Crown of Aragon.

• I. Origins of Aragonese pactism.
• II. The law of the Kingdom of Aragon.
• III. The law of the Kingdom of Catalonia.
• IV. The law of the Kingdom of Valencia.
• V. The law of the Kingdom of Mallorca.

III: LAW IN THE MODERN AGE

Unit 6: Law of the Early Modern Age (16th-17th centuries).

• I. The formation of the Hispanic Monarchy and the emergence of the idea of the State.
• II. General characteristics of law in the Modern Age.
• III. The compilation of law: legal texts.
• IV. Feudal and municipal law.

Unit 7: The Enlightenment and the culmination of royal absolutism (18th century).

• I. Enlightened despotism and Bourbon reformism.
• II. The legal unification of the Crown of Aragon: the Decrees of Nueva Planta.
• III. Centralization as a means of political control.
• IV. Regalism and conflicts with the Church.

Unit 8: Legal science in the Modern Age.

• I. The mos italicus.
• II. Legal humanism or mos gallicus.
• III. The Spanish School of Natural Law.
• IV. The study of law and legal science at the end of the Ancien Régime.

Unit 9: Commercial Law.

• I. Commercial law in the Late Middle Ages.
• II. Sources of late medieval commercial law.
• III. Commercial Law in the Modern Age: mercantilism.
• IV. Economic control through legal institutions.
• V. Arbitrism, physiocracy, and the first Bourbon liberal reforms.

Unit 10: Law of the Indies.

• I. The conquest and the just titles of dominion.
• II. Indian law.
• III. From Bourbon reformism to independence movements.

IV: LAW IN THE CONTEMPORARY ERA

Unit 11: The Rule of Law.

• I. The liberal revolution at the end of the 18th century in the United States of America and Europe.
• II. The philosophical principles underlying contemporary rule of law states.
• III. Economic liberalism and the overcoming of the privileged structures of the Ancien Régime.
• IV. The unification of the legal system of Navarra and the Basque Country.

Unit 12: Historical Constitutionalism in Spain.

• I. The idea of the Constitution.
• II. Original, revolutionary, or radical constitutionalism: the Constitution of 1812.
• III. Moderantism in Spain: second-generation constitutions.
• IV. Revolution and Restoration: their constitutional models.
• V. The social rule of law: the republican Constitution of 1931.

Unit 13: The constitutional structure.

• I. Territorial structuring.
• II. Fundamental rights and public liberties.
• III. The constitutional organs of the State.
• IV. Constitutional reform.

Unit 14: Codification in Spain.

• I. The codification phenomenon.
• II. Phases of codification in Spain.

Unit 15: Sectors of the codified legal system.

• I. Penal codification.
• II. Commercial codification.
• III. Civil codification.
• IV. Procedural codification: Civil and Criminal Procedure Laws.
• V. The formation of Labor Law.
• VI. Administrative Law.

Course activities

Competency Codes

• CG2: Teamwork skills
• CG3: Problem-solving skills
• CG5: Ability to apply knowledge in practice
• CG6: Interpersonal skills
• CG13: Understanding of other cultures and customs
• CG17: Ability to work in an interdisciplinary team
• CE1: Knowledge of the history of legal and institutional systems
• CE3: Understanding of the principles and applications of legal sources
• CE4: Ability to analyze legal texts
• CE6: Critical interpretation of legal texts
• CE8: Development of legal reasoning
• CE9: Ability to use legal sources
• CE10: Application of legal methodology
• CE12: Knowledge of the structure and functions of legal institutions
• CE16: Understanding of the evolution of legal systems
• CE17: Ability to contextualize legal phenomena historically

These activities and competencies aim to provide students with a comprehensive understanding of the history of law and institutions, fostering both theoretical knowledge and practical skills necessary for their professional development.

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

Evaluation Criteria

Grading System

The grading system will be governed by the provisions of RD 1125/2003 of September 5, which establishes the European credit system and the grading system in official university degrees.

Grades obtained in practical classes will only be considered in the final evaluation if the student has taken the theoretical exam. To average the practical grades with the theoretical exam, it is necessary to have obtained at least a score of 4 in the latter.

METHODOLOGY

Educational Activities

EVALUATION SYSTEM

Evaluation Test

Detailed Methodology

Lectures/Theoretical Classes

• Credits: 4.5 ECTS
• Format: In-person at 25-50% capacity, with synchronous virtual attendance
• Description: Classes will be conducted using lectures, interactive debates, and Q&A sessions. Given the limitations on in-person attendance, classes will be divided into subgroups, with sessions being streamed synchronously to the rest of the group via online platforms (such as Google Meet).

Practical Classes

• Credits: 3 ECTS
• Format: In-person at 25-50% capacity, with synchronous virtual attendance
• Description: Practical sessions will take place in the classroom with assigned subgroups. These sessions will focus on applying theoretical knowledge through exercises, case studies, and discussions. Similar to lectures, these will be streamed live to the rest of the group to ensure synchronous participation.

Tutorials

• Format: In-person and Online (both synchronous and asynchronous)
• Description: Tutorials will be a mix of in-person and online sessions, depending on the topic. Students can book appointments with the professor for one-on-one or group sessions to clarify doubts, discuss assignments, and receive feedback. Online tutorials will be conducted via video conferencing tools, while asynchronous support will be provided through email or learning management systems.

System of Evaluation

Attendance and Participation

• Format: Blended/Virtual
• Description: Participation will be assessed based on attendance records and active engagement during in-person and virtual sessions.
• Weight: 10%

Theoretical Concepts

• Format: Blended/Virtual
• Description: A final exam will be conducted in-person or online (depending on circumstances) on the official exam date. This will assess the students' mastery of theoretical knowledge covered in the course.
• Weight: 70%

Assignments, Cases, or Exercises

• Format: Blended/Virtual
• Description: Students will be required to complete and submit various assignments, practical exercises, and case studies as specified by the professor. These will be used to evaluate their application of theoretical concepts and practical skills.
• Weight: 20%

This structured methodology ensures a balanced approach to learning, combining theoretical understanding with practical application, while accommodating various learning environments and student needs.

This table provides a clear breakdown of the methodology, educational activities, and evaluation system based on the specified teaching methods and assessment criteria.

Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén

Data Protection Delegate: dpo@ujaen.es

Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.

Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.

Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.

Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.

Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es

Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es

Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es

Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching

Period for record storage: Images will be kept during legal term according to regulations in force

Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents

Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality

Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es