Study:	Law - 2. semester
Code:	31874
ECTS:	8.0
Course coordinators:	prof. dr. sc. Dalibor Čepulo prof. dr. sc. Mirela Krešić izv. prof. dr. sc. Ivan Kosnica izv. prof. dr. sc. Dunja Milotić
Exam dates:	10. 05. 2023. 26. 06. 2023. 11. 07. 2023. 29. 08. 2023. 12. 09. 2023. Exam registration: Studomat

Literature:

Čepulo, Dalibor; Hrvatska pravna povijest u europskom kontekstu od srednjeg vijeka do suvremenog doba, četvrto izmijenjeno i dopunjeno izdanje; Zagreb: Pravni fakultet Sveučilišta u Zagrebu (2022), str. sve

Optional literature:

Beuc, Ivan; Povijest institucija državne vlasti Kraljevine Hrvatske, Slavonije i Dalmacije; Zagreb, Čakovec: Pravni fakultet, Centar za stručno usavršavanje i suradnju s udruženim radom: Zrinski (1985), str. 403 Pravni leksikon; Zagreb: Leksikografski zavod Miroslav Krleža (2007), str. 1872

Description:

The course presents development of government and legal institutions in their social and political context from the formation of early medieval Croatian state to the Croatian legal system as part of the European Union. The principal aim of the course is to enable profound understanding of the process of institutional development at the Croatian areas through history as well as deeper understanding of the Croatian legal system and legal culture in the contemporary period. The attention is focused on the Croatian legal tradition but it is presented as a part of development undergoing in the broader European environment, particularly in regard to the influence of legal and political systems that encompassed individual Croatian lands and areas, from Byzantium in the medieval time to Austria-Hungary, Yugoslavia and European Union in the modern and contemporary period. The course includes selected review of the history of Bosnia and Herzegovina due to the interwoven relations of that land with the Croatian lands from medieval time to 1918. The course presents development of the whole legal system particularly referring to constitutional law and government, administrative law as well as to private and penal law and judiciary. More attention is devoted to the modern and contemporary period (19 - 21 century) and the process of building up of the modern Croatian legal system.

Cognitive Skills:

Knowledge and understanding

After successfully mastering the course, students will be able to:

• recognize historical basis of the modern Croatian legal culture;
• identify channels of transfer of law from European countries and their reception in the legal systems at the Croatian area;
• recognize Croatian influences on development of legal systems in the European context;
• remind himself / herself on knowledge of development of states and laws from the previous education and express it in the new context.

 

Application

After successfully mastering the course, students will be able to:

• interpret fundamental determinants of development of the Croatian legal system and legal culture;
• demonstrate legal historical knowledge in explaining of the development of law at the Croatian area and in the European environment;
• use the knowledge of the Croatian legal tradition and legal culture for understanding the position of Croatia in the European Union;
• use the legal historical knowledge in concrete cases in legal practice.

 

Analysis

After successfully mastering the course, students will be able to:

• analyze particular institutes regarding concrete legal and social environment;
• compare and relate state and legal development at the Croatian area with development in European environment;
• examine genesis of particular legal ideas and legal institutes at the Croatian area;
• check the influence of traditional determinants on the actual position of Croatia in the European Union.

 

Synthesis

After successfully mastering the course, students will be able to:

• formulate hypotheses about determinations of the contemporary Croatian state and legal system with previous development;
• formulate hypothesis about main channels of influence from the European environment on development of institutions at the Croatian legal area;
• construct the picture of development of the contemporary state and legal system from the Middle Ages to contemporary period;
• outline main events in the Croatian legal history.

 

Evaluation

After successfully mastering the course, students will be able to:

• evaluate the meaning and importance of the Croatian legal tradition for contemporary Croatian legal culture and Croatian legal system;
• estimate meaning and importance of influence from the European environment on shaping of the Croatian legal tradition and Croatian legal culture;
• re-evaluate accepted periodisation of the Croatian state and legal development;
• estimate functioning of particular institutes in reality from the perspective of its own time.

Practical and Generic Skills:

After successfully mastering the course, students will be able to understand historical determinants of contemporary Croatian legal system and Croatian legal culture, as well as respective determinants of functioning of institutions in reality. Apart from that, students will be able to better understand deeper determinants of the position of Croatia in the European environment including potentials, limits and problems arising for Croatia as a member state of the European Union, such as strategic issues of development as well as concrete problems in harmonisation of law. On the same basis students will be able to better understand and more easily follow events and processes happening in other parts of social system as well political and social actions reported in legal literature and in public media.

Students will be enabled to observe and analyse life of legal institutions in concrete social reality and to analyse legal norms in regard to the social environment as well as to develop critical attitude toward legal sources. Students will be enabled to find more easily legal sources from the past and to analyse them better and more completely, as well as to apply historical method of interpretation on contemporary legal sources. Through participation in teaching process students will develop a skill of structured oral and written expression of their own ideas.

Matching Assessments to Learning Outcomes:

Knowledge will be tested through presentation of seminars (facultative), seminar papers (facultative), and written and/or oral exams.

Seminar presentation consists of an oral explanation of particular topics with preliminary guidance by lecturers. In seminar presentation it is necessary to summarize and analyse sources, shows its understanding, identify open questions related to esential topics and discuss them. Through seminar presentation students should develop skill of public expression of their own thoughts and defend their own attitudes. Grade given for each particular presentation is an element of the final grade.

Seminar paper is a written elaboration of particular topic by which student should show that he/she has analysed literature as well as legal sources in respect to their respective social context and time, that he has identified essential determinants of the topic of presentation, that he/she understood meaning of the topic in a respective period as well and also considering the process of development in time including contemporary period. Through seminar papers students should acquire or strengthen their ability of collecting and presenting relevant information and writing a scientific type of text i. e. critical review of literature, analysis and synthesis and structuration of paper as well as shaping of scientific apparatus. Respective manual prepared by members of the Chair can be utilized in writing of seminar paper.

Written test with expected answers in a form of very short essay consists in definition of particular institutes, describing of more complex forms of development of particular institutes as well as of political and social processes and reproduction of explanations related to formation, functioning and development of particular institutes.

Oral exam consists in testing of ability to identify Croatian legal identity in historical development, of understanding of causal connections regarding formation and development of particular state and legal institutes at the Croatian area and their social function, of comparisons and knowledge of legal influences from the European environment on Croatian legal development as well as estimation of the importance of historical processes for the contemporary Croatian legal culture.

Consultations schedule:

• prof. dr. sc. Dalibor Čepulo:

  Thursdays, 12-13:30 

  Location: Ćirilometodska 4, room Ćirilometodska 4, soba 33