HRN.18
Monografia
2871
COSTA, Mário Júlio de Almeida
History of portuguese law / Mário Júlio de Almeida Costa ; colab. Rui Manuel de Figueiredo Marcos ; trad. David Wild.- 1ª ed.- Porto : Fundação Eng. António de Almeida, 2021.- [18], 658 p. ; 23 cm
ISBN 978-972-8012-66-3 (Broch.) : oferta
HISTÓRIA DO DIREITO E DAS INSTITUIÇÕES, INTRODUÇÃO AO DIREITO, HISTÓRIA DO PENSAMENTO JURÍDICO
Foreword to the English edition. Foreword to the fifth edition. Foreword to the fourth edition. Foreword. INTRODUCTION: PRELIMINARY CONSIDERATIONS ORGANISATION OF THE NARRATIVE. 1- Conception of the history of law. 2- Object of the history of law. 3- Classifications of the history of law. 4- The chronological method and the monographic method in the exposition of the history of law. 5- Framework of Portuguese law. The basic factors. 6- Organisation of the narrative. 7- Formation and evolution of the science of Portuguese legal history. PART I: ELEMENTS OF THE HISTORY OF LAW OF THE IBERIAN PENINSULA. CHAPTER I- Earliest Period. 8- Basic characteristics. Sources of knowledge. 9- Peoples before the Roman conquest. 10- Social and political organization. 11- Pre-Roman peninsular law. CHAPTER II- Roman Period. 12- The Roman conquest of the Peninsula. 13- The Romanisation of the Peninsula. 14- Sources of Roman law in relation to the Peninsula. 15- The law in force in the Peninsula at the time of the Germanic invasions. Vulgar Roman law. CHAPTER III- Germanic Orvisigothic Period. 16- Reason for topic order. 17- The Germanic peoples before the invasions. 18- The Germanic invasions. 19- Sources of law of the Germanic states. Documents applying the law. 20- General outline of the political history of the Peninsula from the Germanic invasions until the fall of the Visigothic state. 21- Conditions under which the Visigoths established themselves in the Peninsula. 22- Sources of law of the Visigothic period. 23- Legal science and juridical practice in the Visigothic period. CHAPTER IV- Period of Muslim Domination and Christian Reconquest. 24- The Muslim invasion and its significance. 25- The Reconquest. Formation of Christian States. 26- The separation of Portugal. The legal problem of the concession of Portuguese land to D. Henrique. 27- Characteristics and constituent elements of Reconquest law. PART II: ELEMENTS OF THE HISTORY OF PORTUGUESE LAW. CHAPTER I- Periodisation of the History of Portuguese Law. 28- Overview of the evolution of Portuguese law. CHAPTER II- Period of the Individualisation of Portuguese Law. 29- Sources of Portuguese law before the second half of the 13th century. 30- Aspects of the legal system of the period. CHAPTER III- PERIOD OF PORTUGUESE LAW INSPIRED BY ROMAN-CANONIC LAW. §1- Era of reception of revived Roman Law and renewed canon law (jus commune). 31- Justinian Roman law from the 6th-11th centuries. 32- Pre-Renaissance of Roman Law. 33- Renaissance proper of Roman law with the School of Bologna or the Glossators. 34- Diffusion of Justinian Roman Law and the work of the Glossators. 35- Factors in the penetration of revived Roman law in the Hispanic and Portuguese legal sphere. 36- The School of Commentators. 37- Canon law and its importance. 38- Concept of canon law. 39- Canon Law prior to the 12th century. 40- Renewal of canon law. 41- Penetration of canon law in the Iberian Peninsula. 42- ‘Jus commune’. 43- Sources of Portuguese law from the mid-13th century to the Alphonsine Ordinances. 44- Private Collections of general laws before the Alphonsine Ordinances. 45- Evolution of the institutions. §2- Era of Ordinances. 46- Alphonsine Ordinances. 47- Manueline Ordinances. 48- The Colecção das Leis Extravagantes of Duarte Nunes do Lião. 49- Philippine Ordinances. 50- Extravagant Legislation- Publication and coming into force. 51- Interpretation of the law through binding rulings from the Supreme Court. 52- Court Styles. Custom. 53- Subsidiary law. 54- Reform of forals. 55- Legal humanism. 56- Legal literature. 57- Teaching of law. 58- The Second Scholasticism. Its legal and political contributions. CHAPTER IV- Period of Formation of Modern Portuguese Law. §1- Era of Rationalistic Jusnaturalism. 59- Currents of European legal thinking. 60- Pombaline reforms concerning law and legal science. 61- Legal literature. 62- The so-called ‘New Code’- Attempted reform of the Ordinances. 63- Portuguese law and the French. §2- Era of Individualism. 64- General aspects of political individualism and economic liberalism. 65- Currents of European legal thinking. 66- Transformations in the field of constitutional law. 67- Transformations in the field of private law. 68- Publication of the Law and entry into force. 69- The codifications. 70- Custom. 71- New perspective on subsidiary. 72- Extinction of forals. 73- The teaching of law. 74- Science of law and legal literature. §3- Era of Social Law. 75- General considerations. 76- History of the latest stages of Portuguese law. 77- The law of the First Republic. 78- Law of the Corporate New State. 79- The law after 1974.