中国政法大学中欧法学院：Legal Traditions（PPT讲稿）Introduction to European private and public law

G China- EU Schoo| of law中欧法学院 At the china University of Political Science and Law中国政法大学 Legal Traditions Introduction to European private and public law Prof, Dr M, julia solla sastre Associate professor University Autonoma of Madrid October 2015 CESL Master in European and International Law MEIL) aument has been produced with the finandal assis tance of the European Union. The contens of this document are le responsibility of Prof solla an ler no ciraums tances be regarded as reflecting the position of the European RHCHINA Union

Slide CESL Master in European and International Law (MEIL) Legal Traditions Introduction to European private and public law Prof. Dr. M. Julia Solla Sastre Associate Professor University Autónoma of Madrid October 2015 This document has been produced with the financial assistance of the European Union. The contents of this document are the sole responsibility of Prof. Solla and can under no circumstances be regarded as reflecting the position of the European Union

C china-EU School of Law中欧法学院 例CM和i0e中者 Slide INTRODUCTION

Slide INTRODUCTION

G china- EU School of law中欧法学院 lcic0ne中者去甲 GENERAL OUTLINE DAY 1: INTRODUCTION TO THE COURSE EUROPEAN LEGAL HISTORY: COMMON LAW CIVIL LAW DAY 2: PRIVATE LAWVS PUBLIC LAW DAY 3: PRIVATE LAW AND SOME INSTITUTIONAL SETTINGS DAY 4: PUBLIC LAW AND SOME INSTITUTIONAL SETTINGS

GENERAL OUTLINE DAY 1: INTRODUCTION TO THE COURSE. EUROPEAN LEGAL HISTORY: COMMON LAW, CIVIL LAW DAY 2: PRIVATE LAW VS. PUBLIC LAW DAY 3: PRIVATE LAW AND SOME INSTITUTIONAL SETTINGS DAY 4: PUBLIC LAW AND SOME INSTITUTIONAL SETTINGS

G china- EU School of law中欧法学院 lcic0ne中者去甲 How to obtain the final mark? 20% activities developed during the tutorial sessions 80% final exam consisting in 2 essay questions Choice among 3 questions Up to 40% each

How to obtain the final mark? • 20% activities developed during the tutorial sessions • 80% final exam consisting in 2 essay questions: – Choice among 3 questions – Up to 40% each

G china- EU School of law中欧法学院 lcic0ne中者去甲 How to prepare the final exam? Lectures(PPT presentation student notes Readings O THE ROBBINS COLLECTION. "The Common Law and Civil Law traditions" https://www.law.berkeleyedu/library/robbins/commonlawCivillawTraditionshtm O VAN CAENEGEM, R C, "The divergent paths of common law and civil law",in /D Judges, Legislators and Professors. Chapters in European Legal History, Cambridge, Cambridge University Press, 1987, pp. 113-126 a DORSE,N, ROSENFELD, M, SAJO, A, BAER, S, Comparative constitutionalism Cases and Materials, USA, Thomson/West, 2003, pp 1-71, 99-157

How to prepare the final exam? • Lectures (PPT presentation + student notes) • Readings: ❑ THE ROBBINS COLLECTION, “The Common Law and Civil Law traditions”, https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.htm l ❑ VAN CAENEGEM, R. C., “The divergent paths of common law and civil law”, in ID., Judges, Legislators and Professors. Chapters in European Legal History, Cambridge, Cambridge University Press, 1987, pp. 113-126 ❑ DORSE, N., ROSENFELD, M., SAJÓ , A., BAER, S., Comparative constitutionalism. Cases and Materials, USA, Thomson/West, 2003, pp. 1-71, 99-157

G china- EU School of law中欧法学院 lcic0ne中者去甲 OUTLINE SESSION 1 1 INTRODUCTION TO THE COURSE COMPARING LEGAL CULTURES BRIEF JOURNEY THROUGH EUROPEAN LEGAL HISTORY: COMMON LAW CIVIL LAW AND THE INVENTION OF THE TRADITIONS

OUTLINE SESSION 1 1. INTRODUCTION TO THE COURSE. COMPARING LEGAL CULTURES 2. BRIEF JOURNEY THROUGH EUROPEAN LEGAL HISTORY: COMMON LAW, CIVIL LAW AND THE INVENTION OF THE TRADITIONS

G china- EU School of law中欧法学院 lcic0ne中者去甲 Why to compare legal cultures? a " Students become acquainted with a foreign legal system thus examining their own legal system from a new perspective d "CESl assists the chinese government in its efforts to develop a society based on the rule of law by building a bridge between european and chinese legal cultures and educating the future elite of legal practitioners in China u"It is the aim of the China-EU School of Law not only to build a bridge between European and chinese legal cultures but also to educate a future elite of legal practitioners working within the frame of sino-European relations Extracts from CESL webpage http://www.cesl.educn/eng/upload/201002114738412.pdf)

Why to compare legal cultures? ❑ “Students become acquainted with a foreign legal system thus examining their own legal system from a new perspective” ❑ “CESL assists the Chinese government in its efforts to develop a society based on the rule of law by building a bridge between European and Chinese legal cultures and educating the future elite of legal practitioners in China” ❑ “It is the aim of the China-EU School of Law not only to build a bridge between European and Chinese legal cultures, but also to educate a future elite of legal practitioners working within the frame of Sino-European relations” (Extracts from CESL webpage http://www.cesl.edu.cn/eng/upload/201002114738412.pdf )

G china- EU School of law中欧法学院 lcic0ne中者去甲 Summing up: Why to compare legal cultures? o " In order that students understand the functions of law in an economically and politically linked world they are taught about the principles, regulations and procedures of european and international law. current issues of law and policy receive special emphasis as do interdisciplinary features such as economic, cultural and historical facets" (http://www.cesl.edu.cn/eng/upload/201002114738412.pdf)

Summing up: Why to compare legal cultures?  “In order that students understand the functions of law in an economically and politically linked world they are taught about the principles, regulations and procedures of European and international law. Current issues of law and policy receive special emphasis, as do interdisciplinary features such as economic, cultural and historical facets” (http://www.cesl.edu.cn/eng/upload/201002114738412.pdf )

G china- EU School of law中欧法学院 lcic0ne中者去甲 Why to compare?(CESL point of view Cultural bridge between European and chinese legal cultures Legal education of professionals Efforts to develop the rule of law in China Economic, cultural and historical aspects of the legal cultures Legal culture ="Specific way in which values, practices and concepts are integrated into operation of legal institutions and the interpretation of legal texts (Bell, 1995, apud Orucu, p 59)

Why to compare? (CESL point of view) • Cultural bridge between European and Chinese legal cultures • Legal education of professionals • Efforts to develop the rule of law in China • Economic, cultural and historical aspects of the legal cultures Legal culture = “Specific way in which values, practices and concepts are integrated into operation of legal institutions and the interpretation of legal texts” (Bell, 1995, apud Ö rücü, p. 59)

G china- EU School of law中欧法学院 lcic0ne中者去甲 Why paying attention to history for comparing legal cultures? u Two main European legal cultures: coMmon LAW CIVIL LAW a Why should we start by making a short history of some european legal traditions? u European legal systems share a democratic political base and a constitutional setting of rights and powers guaranteed by the judiciary u Comprehension of rights, political subject, society, power, constitution, nation. law. acts, institutions u makes the difference among traditions o is due to history political, economic, social, religious development

Why paying attention to history for comparing legal cultures? ❑ Two main European legal cultures: COMMON LAW & CIVIL LAW ❑ Why should we start by making a short history of some european legal traditions? ❑ European legal systems share a democratic political base and a constitutional setting of rights and powers guaranteed by the judiciary ❑ Comprenhension of rights, political subject, society, power, constitution, nation, law, acts, institutions…: ❑ makes the difference among traditions ❑ is due to history → political, economic, social, religious… development