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Faculty of Law Lehrstuhl Fiocchi

Modern and Contemporary Legal History

Concepts and Construction of the Social Order (VL-Nr. 2309)

Date

Spring Semester, Wednesday 12.15-13.45 (from 22.02.2017 to 31.05.2017 please notice deviations)

Language of the course

English

Office hours for students

Every Tuesday from 16.00 to 18.00 (room RAI-H-097)

Students who cannot come during office hours can write an email for an alternative appointment.

Previous knowledge expected from students

Basic knowledge on legal history (level of BLaw UZH).

Content of the course

The course particularly draws attention towards the time from the 16th to the 20th century, scrutinizing the general theories of the modern state and the creation of the international law system. The complex and contradictory relations between violence and law, war and law, race and law, the economy and law and finally the (in)equality of men under the law will be addressed. The course will outline the legal consequences of these aforementioned entanglements, interactions and collisions and will subsequently analyse how these consequences relate to the nature and construction of the social order from a historical perspective.

Reading of primary sources combined together with a critical reconstruction on law and jurists in their context will be done during the course.

Aim of the course and learning outcomes

After the successful completion of this course the student is able to understand social and cultural mechanisms of law in their historical contexts; to comprehend and critically explicate the ways in which law structures state systems and operates within international systems and what this means in legal terms; to understand, discuss and explain how some concepts become «legal», and their fundamental changes from a historical perspective.

Materials

  • Marcel Senn / Lukas Gschwend, Rechtsgeschichte II – Juristische Zeitgeschichte, Zürich/Basel/Genf, 3. Auflage 2010, limited to: Introduction/Einführung and Kapitel 1 (p. 1-48); Kapitel III (p. 73-112); Kapitel  IV (p. 113-148); Kapitel VI (p. 187-227).
  • Additional sources and related materials will be distributed during the lessons and uploaded together with the slides. Please find slides and related material in OLAT