Historia Espanol

2. Law and legal Science

2.1. Objective of knowledge of the legal history

1. from a materialistic point of view: law is custom, judgements and doctrine

2. From a temporal point: period of juridical tradition

3. From a spatial perspective: Spanish law, European and universal law

A dual science: it is history, not law, as well as historical science and legal science for :

1. Normativizing law

2. creating/issue case statements

3. producing comments with legal effects.

2.2. Sources and institutions.

1. the law

2. customs

3. the principles of law

Usus terrare (customs, how to manage people)

Justification of law in time (savigny)

National character ( related to population, people, spirit of the people)

4. Spacial approach to leal framework

Jean Bodin

- Universal framework

- Supranational framework: ius commune (origin from italy)

- National framework: Spanish legal history

Institutions. Concept and types.

Institutions: situation, relationships and arrangements in the basic and essential social life (parliament, family institution, heritage, )

Public institutions

- Justice (control and administration)

- Security (control and administration)

- Religious control and dministration)

Private institutions:

- family

- civil

(home activities) – read and comprehension (Francisco de Vitoria on the ius gentium) 25

- Prepare notes taken for study 20

- Write a comment according guideline 60

- Juaquin Costa (Spanish Legal History)

Types :

• Relations to the ways of approaching ( direct and undirect)

• Relations to the way of knowledge (mediate and intermediate)

• In relation to the importance or significance

• In relation to the territorial scope (national, territorial, local)

• In relation to the content

• Other criteria

Homework:

Francisco de Vitoria on the ius getium

Francisco de Vitoria was a Spanish Renaissance Roman Catholic philosopher, theologian and jurist, founder of the tradition in philosophy known as the School of Salamanca, noted especially for his contributions to the theory of just war and international law. He has in the past been described by some scholars as the "father of international law", though contemporary academics have suggested that such a description is an achronistic, since the concept of international law did not truly develop until much later. Because of Vitoria's conception of a "republic of the whole world" he recently has been labeled "founder of global political philosophy".

Some Vitorian’s reflects: “natural law” and “law of nations” (ius gentium)

He marks a significant development in human rights and international law.

2 most important works in which Vitoria reflect and sharea the importance of ius gentium are: “De indis” and “De iure belli” – through these both works he share some concepts like: right of self-governance, ownership of property, moveable goods, etc.

De indis – in this work he spoke about natural law. Natural law is about human nature. I think that natural law has it origins in nature, human nature, born from human reason. The base of natural law is ancient and medieval conception. But from modern until knowadays natural law remain sunbkective one. Because ius gentium, law of nations become more objective with strong points and reflection about morms, rights, obligations, institutions, legal norms, legal system etc.

Ius gentium (law of nations) - about ius gentium had written and others. Gaius, Thomas D’aquino, Rousseau etc. Law of nations concern the occupation of territory, enslavement, wars, right of return, treaties of peace. And it is called that because it is nearly to all nations. Ius gentium is cultivated and adapted to the particularities of all the gentium (all the people) for their own necessity and thoughts of law, lgal systems etc.

From other point of view (Thomas D’aquino) there are 3 tipes of law.

- Divine law

- Natural law

- Human law

is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ius gentium is not a body of statute law or a legal code, but rather customary law thought to be held in common by all gentes ("peoples" or "nations") in "reasoned compliance with standards of international conduct.”

Theme: Law in the pre-roman period

1. When did the pre roman period has begin?

Periodization (different stages of the past, division of history into periods)

Chronology (the science that deals with measuring time by regular divisions and that assigns to events their proper dates)

Archeological ages

1. Paleolithic: introduction of stone tools –lower-middle-upper

2. Mesolithic: 12.000-3000 BC

3. Neolithic: last of the stone age (Europe 4000-2400 BC) people decided to be sedentary

- Human technology

- Metal technology

-Bronze age (4000 to 1200 BC) appear written history

-iron age (1200 BC) west Africa and American area.

2. What sources about Spanish antiquity do you know?

Meanwhile in fertile crescent:

- Thinite dynasties – Abydos necropolis: divine right of monarchy

- The ancient empire Memphite: centralized monarchy

- The middle empire: before hamurabi

- The foundation of the Egyptian empire

The sources about Spanish antiquity

• Diodoro siculo: greec author of biblioteca storica

• Strabo

• Gaius iulius caeser

• Titus livy

• Gaius plinio: author of natural history

main forms of government:

- matriarchal

- patriarchal individual and multiperson system

-assamblies

-concilies (rich, wise, elders)A council is a group of people

who come together to consult, deliberate, or make decisions.

A council may function as a legislature, especially at a town,

city or county level, but most legislative bodies at the state or

national level are not considered councils. At such levels, there may be no

separate executive branch, and the council may effectively represent the entire government. A board of directors might also be denoted as a council. A committee might also

be denoted as a council, though a committee is generally a subordinate body

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