Research Seminar "History of Common Law"

2024/2025

Academic Year

RUS

Instruction in Russian

3

ECTS credits

Delivered at:

Department of Theory and History of Law and State (School of Law)

Course type:

Elective course

When:

3 year, 3, 4 module

Instructor

Zakrevskii, Alexander

Программа дисциплины

Аннотация

This academic discipline was created with the aim of finding the foundations of the so-called Western legal tradition, with its concept of the rule of law, the special significance of individual rights, the ideas of natural human rights, as well as the dialectical connection between law and the state. Thus, not without reason, modern historians of law come to the conclusion that one of such foundations is the phenomenon of common law (Latin ius commune), which, due to a variety of factors (for example, factors of European integration, globalization and the formation of international conflict of laws) since the beginning of the second half of the 20th century (since the publication of the works of F. Calasso and M. Bellamo) has been in the focus of attention of many historians and theorists of law and state around the world and which, alas, remains in the shadows in the Russian scientific and educational segment (which seems to be a significant omission, especially considering that the origins of the study of European common law were laid by the outstanding Russian legal scholar, medieval historian P. G. Vinogradov, whose works are highly valued by the international scientific community). In this regard, ius commune, its history, structure, key characteristics and significance for European, and more broadly Western, modes of understanding and implementing law, as well as its role, for example, in the development of the legal profession and the corresponding subculture of the corporation of lawyers, remain virtually little known not only in the sphere of mass legal consciousness, but even among the legal consciousness of professionals.In turn, the proposed course is devoted to the study of:1) the possible methodological tools offered by modern humanities and social sciences in the field of research work with the phenomenon of common law;2) general characteristics and stages of formation of the European legal tradition;3) the phenomenon of common law, its structure, properties, genesis, development and approaches proposed in modern historiography with the aim of resolving relevant issues;4) the significance of ius commune in the formation of political and legal doctrines in Europe in the Middle Ages and Modern Times;5) the influence on the formation of legal theory, policy, technology, means of argumentation found in legal families of the West;6) the fundamental role of common law in the birth of a profession and the corresponding corporation of "experts" in law;7) the role of medieval universities and law faculties as "think tanks" and fundamental platforms not only for intellectual work with the Common Law, but also for the transformation of legal consciousness at the level of elites, reference groups and social masses;8) the theoretical and methodological role of the heritage of ius commune in the process of constructing the medieval and modern concept of the state, corresponding to civil religion (according to P. Bourdieu); 9) the connections of ius commune not only with the history of the formation of the continental and Anglo-Saxon legal systems, but also connections with modern ideas and practices in the field of legal theory and integration policy.During the course of teaching, specific questions are raised in the specified areas of the research space, requiring for their resolution systematic analytical work, consideration of relevant ideas and practices in socio-cultural contexts from the period of the "dark ages" to the present day, which is also carried out by familiarizing students with the answers offered by modern historical science.As a result, as a result of the stage-by-stage thematically determined work, students should acquire basic knowledge about the content, genesis, development and fundamental significance of common law as a system of ideas and related social practices in the cultural space of the Western legal tradition, which should contribute to the achievement of the corresponding goals defined by this program.Based on this, this discipline can be considered as a supplement to the disciplines "Theory of the State", "Theory of Law", "Legal Methodology", "History of the State and Law of Foreign Countries", "History of Political and Legal Doctrines", "Comparative Law", such a supplement that allows deepening knowledge in the field of theory and history of European legal concepts and practices.In terms of organizing the monitoring of students' academic performance, it should be noted that the discipline has five elements of control: assessment of work in seminars, assessment of completed and submitted homework to the seminar teacher for checking, two tests in the form of a test and an exam, and in all of these cases, the elements of control do not have blocking properties in the context of the entire discipline.