Study-Unit Description

Study-Unit Description


CODE LHM1017

 
TITLE Introduction to Legal History

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Legal History and Legal Research Methods

 
DESCRIPTION This study-unit will cover the historical evolution of Roman Law which remains relevant to this very day due to its substantial influence on private law and legal history of Malta from the time of the Roman occupation of Malta to date. It will cover also the Medieval Period (particularly important for the rediscovery of Roman law, Feudal law, Canon law & also Customary law), the Renaissance and Early Modern Period (up to the 1800's), the Enlightenment and the Age of Codifications, Maltese legislation during the Knight's period and Maltese legislation in the British period and post-independence.

Study-unit Aims

The study-unit aims to:
(a) teach the salient epochs of Maltese Legal History;
(b) establish how Maltese Law has varied over time, very much depending on the historical epoch in question;
(c) delve into the sources of Maltese Law;
(d) relate better law as made in the past with law as it obtains today;
(e) explain how law making in the past continues to have an influence on current laws;
(f) locate Maltese legal history in the context of European legal history.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) Appreciate the historical evolution of Maltese Law;
(b) Identify the foreign sources which have influenced the development of Maltese Law;
(c) Study on a comparative basis the Maltese legal system without mixed legal systems;
(d) Identify the civil law and common law influences over Maltese Law.

2. Skills:

By the end of the study-unit the student will be able to:
(a) Learn how to find and interpret legal archival sources;
(b) Trace the historical source of extant Maltese Law;
(c) Decipher certain terminology, institutions and legal customs which are no longer used or extant in order to understand why certain provisions of the law have developed in the way that we know them today.

Main Text/s and any supplementary readings

- Hugh W. Harding, ‘Maltese Legal History Under British Rule: 1801-1836’, Valletta, Progress Press, 1980.
- J.J. Cremona, The Maltese Constitution and Constitutional History Since 1813, San Gwann, Publishers Enterprises Group (PEG) Ltd., 1994.
- J.J. Cremona, ‘Malta And Britain: The Early Constitutions, San Gwann, Publishers Enterprises Group (PEG) Ltd., 1996.
- Patrick Staines, Essays on Governing Malta (1800-1813), San Gwann, Publishers Enterprises Group (PEG) Ltd., 2008.
- Joseph M. Pirotta, L-Istorja Kostituzzjonali u l-Isfond Storiku, Volume I (1800-1942) and Volume II (1942-2004), Pieta’, Pubblikazzjonijiet Indipendenza, 2005.
- Henry Frendo, ‘Maltese Political Development 1798-1964: A Documentary History’, Malta, 1993.
- Henry Frendo, ‘The Origins of Maltese Statehood: A Case Study of Decolonization in the Mediterranean, 2000.
- Godfrey A. Pirotta, ‘The Maltese Public Service 1800-1940: The Administrative Politics of a Micro-State, Msida, Mireva publications, 1996.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit