Бакалавриат
2024/2025
Научно-исследовательский семинар "История общего права"
Статус:
Курс по выбору (Юриспруденция)
Направление:
40.03.01. Юриспруденция
Где читается:
Юридический факультет (Санкт-Петербург)
Когда читается:
3-й курс, 3, 4 модуль
Формат изучения:
без онлайн-курса
Охват аудитории:
для своего кампуса
Преподаватели:
Закревский Александр Васильевич
Язык:
русский
Кредиты:
3
Программа дисциплины
Аннотация
This academic discipline was created with the aim of finding the foundations of the so-called Western legal tradition, with its concept of the rule of law, the special significance of individual rights, the ideas of natural human rights, as well as the dialectical connection between law and the state. Thus, not without reason, modern historians of law come to the conclusion that one of such foundations is the phenomenon of common law (Latin ius commune), which, due to a variety of factors (for example, factors of European integration, globalization and the formation of international conflict of laws) since the beginning of the second half of the 20th century (since the publication of the works of F. Calasso and M. Bellamo) has been in the focus of attention of many historians and theorists of law and state around the world and which, alas, remains in the shadows in the Russian scientific and educational segment (which seems to be a significant omission, especially considering that the origins of the study of European common law were laid by the outstanding Russian legal scholar, medieval historian P. G. Vinogradov, whose works are highly valued by the international scientific community). In this regard, ius commune, its history, structure, key characteristics and significance for European, and more broadly Western, modes of understanding and implementing law, as well as its role, for example, in the development of the legal profession and the corresponding subculture of the corporation of lawyers, remain virtually little known not only in the sphere of mass legal consciousness, but even among the legal consciousness of professionals.In turn, the proposed course is devoted to the study of:1) the possible methodological tools offered by modern humanities and social sciences in the field of research work with the phenomenon of common law;2) general characteristics and stages of formation of the European legal tradition;3) the phenomenon of common law, its structure, properties, genesis, development and approaches proposed in modern historiography with the aim of resolving relevant issues;4) the significance of ius commune in the formation of political and legal doctrines in Europe in the Middle Ages and Modern Times;5) the influence on the formation of legal theory, policy, technology, means of argumentation found in legal families of the West;6) the fundamental role of common law in the birth of a profession and the corresponding corporation of "experts" in law;7) the role of medieval universities and law faculties as "think tanks" and fundamental platforms not only for intellectual work with the Common Law, but also for the transformation of legal consciousness at the level of elites, reference groups and social masses;8) the theoretical and methodological role of the heritage of ius commune in the process of constructing the medieval and modern concept of the state, corresponding to civil religion (according to P. Bourdieu); 9) the connections of ius commune not only with the history of the formation of the continental and Anglo-Saxon legal systems, but also connections with modern ideas and practices in the field of legal theory and integration policy.During the course of teaching, specific questions are raised in the specified areas of the research space, requiring for their resolution systematic analytical work, consideration of relevant ideas and practices in socio-cultural contexts from the period of the "dark ages" to the present day, which is also carried out by familiarizing students with the answers offered by modern historical science.As a result, as a result of the stage-by-stage thematically determined work, students should acquire basic knowledge about the content, genesis, development and fundamental significance of common law as a system of ideas and related social practices in the cultural space of the Western legal tradition, which should contribute to the achievement of the corresponding goals defined by this program.Based on this, this discipline can be considered as a supplement to the disciplines "Theory of the State", "Theory of Law", "Legal Methodology", "History of the State and Law of Foreign Countries", "History of Political and Legal Doctrines", "Comparative Law", such a supplement that allows deepening knowledge in the field of theory and history of European legal concepts and practices.In terms of organizing the monitoring of students' academic performance, it should be noted that the discipline has five elements of control: assessment of work in seminars, assessment of completed and submitted homework to the seminar teacher for checking, two tests in the form of a test and an exam, and in all of these cases, the elements of control do not have blocking properties in the context of the entire discipline.
Цель освоения дисциплины
- to form an understanding of the necessity and prospects of research into common law (Latin: ius commune);
- to consider the content and heuristics of modern methods of scientific knowledge that can be applied to the problems of history and the theory of ius commune;
- to determine the place of common law in the coordinate system of the European legal tradition;
- to become familiar with the positions of modern researchers regarding the problems of definition, subject, structure, sources, and periodization of the history of common law;
- to study the elements of the structure of the ius commune, their content, development and key sources;
- to examine the factors of genesis, reproduction and development of ideas and practices of common law in Europe in the 11th-15th centuries;
- to form an understanding of common law as a space of ideas, values, and regulations that is emerging, developing, and acquiring the properties of normativity largely through the system of social practices of university education, as well as the professional corporation of legal scholars;
- to study the role of ideas, constructs, symbolic structures and “experts” of ius commune in the formation of medieval and modern concepts of the state;
- to examine the phenomenon of crisis and the “reincarnation” of the idea of common law in modern and contemporary times;
- to consider the question of the significance of the ius commune system in relation to the formation and content of the Anglo-Saxon legal system, the so-called common law system.
Планируемые результаты обучения
- The student has an idea of the course significance and its thematic structure; can give a general description of the history of ius commune studies, identify key figures and scientific sources in the field of European common law studies; knows the types of scientific cognition methods; can define the essence of nomothetic and idiographic methods;
- has a general idea of the key ideas and principles of modern methodology in the field of social and humanitarian knowledge in such areas as hermeneutics, phenomenology, social constructionism, discourse analysis; can define the key figures and principles of the Annales school, the microhistorical approach, the history of ideas, intellectual history, the "Cambridge school" of intellectual history;
- knows how it is possible to apply the methodological ideas of M. Foucault and P. Bourdieu in relation to the study of common law; understands the role of the anthropological approach as an approach that synthesizes the developments of a wide variety of methods of the sciences of the social and humanitarian cycle of the 20th-21st centuries; can outline the principles of work, possibilities and problems of the corresponding methodological approaches.
- The student has an idea of the reasons for the emergence and maintenance of research interest in the history of common law; can reveal the need for and prospects for studying ius commune; can indicate the characteristics and key stages in the formation of the European legal tradition;
- can identify the points of influence of the ius commune system on the formation of the Western European legal tradition in the context of its history; knows the options for defining the concept of common law proposed in historical science, knows about the existence of relevant controversy; has an idea of the disputes among researchers regarding the essence of ius commune, the ontology of the corresponding system of prescriptions for proper behavior;
- understands the controversial nature of the issue of the structure of ius commune and the issue of periodization of the history of ius commune as a social phenomenon; has a general idea of the key historical monuments associated with ius commune; knows the types and principles of source criticism as a toolkit of historical science.
- The student can list the elements of ius commune as a legal system; knows the subject of Roman private and Roman public law; has an idea of the stages of development of Roman private law, key dates and reforms in the history of Roman private law; understands the essence of secular jurisprudence and the institute of ius respondendi;
- has an idea of the place of the Institutes of Gaius in the system of Roman private law; can indicate the elements of ius civile identified by Gaius; understands the significance of imperial acts in the system of Roman private law; can characterize the imperial policy of codification and reform of legal proceedings in the context of the history of Roman private law; has an idea of the significance of the so-called law on citation of 426 AD;
- knows the structure of the Corpus of Justinian; has an idea of the characteristics of the situation of Roman private and Roman public law during the "dark ages"; can define the phenomenon of canon law in the Western European tradition and correlate it with the phenomenon of church law; knows the main stages in the process of development of canon law;
- has an idea of the state of the Christian Church at the end of the Roman Empire and during the "dark ages"; understands the role of the Church in the preservation and revival of the imperial political and legal heritage; can indicate the reasons for the similarity of the organization of the Catholic Church with the organization of the government apparatus of the Roman Empire; knows specific lawyers who became the Fathers of the Church; can define the subject of canon law;
- knows what an episcopal court is and what are the reasons for its emergence; can indicate the fundamental sources of canon law; understands the types and place of papal acts in the system of sources of canon law; has an idea of the Decree of Gratian and the decretals of Gregory IX as the central papal acts in the history of canon law; understands what the Code of Canon Law is and what its elements are;
- can assess the level of influence of canon law on the Western legal tradition; has an idea of the essence, subject and sources of feudal law; can characterize custom as a source of law and give examples of feudal customs in medieval Europe; understands the meaning and difference of the terms "fief", "benefice", "fief", "allod"; can indicate the types of fiefs; has an idea of homage, investiture and infeudation as key institutions of feudal law;
- knows what Libri (Consuetudines) Feudorum is, what editions of this source can be distinguished and what is the place of the corresponding books in the system of ius commune; understands and can argue for the possibility of distinguishing the fourth element of common law - the scholarly knowledge of the schools of glossators and commentators.
- The student can list the factors of genesis, reproduction and development of ideas and practices of ius commune in medieval Europe of the 11th-15th centuries; can characterize feudalism as a stage of historical development of society; understands that feudalism can be perceived as a construct of historical science; knows the fundamental features of the socio-cultural context of the 9th-12th centuries in Western Europe;
- has an idea of the phenomenon of the "Renaissance of the 12th century", about the approaches to its understanding; understands the significance of the factor of formation of urban medieval culture and can point out specific manifestations of this process; knows about the special role of the cities of Northern Italy in the process of formation of ius commune;
- can reveal the concept of legal particularism of the Middle Ages; correctly assesses the university factor and the role of formation and development of scholastic philosophy with its key principles regarding the process of formation of ius commune;
- has an idea of the fundamental significance of Aristotle's heritage in relation to the problems of the topic; can define and evaluate the processes of the "revival of the Empire", the "struggle for investiture", and also reveal the principles of the "two swords" theory, the concepts of auctoritas and potestas;
- has an idea of the degree of significance and essence of the "rediscovery" of the Roman legal heritage; can evaluate and reveal the factor of the Cluniac and Gregorian reforms in the history of the Catholic Church, the factor of the "Papal Revolution";
- understands the significance of feudal fragmentation and can point to the first attempts at centralization of political power in Western European countries, determining their role in the formation of common law; can, based on the theory of P. Bourdieu, establish the essence of practical and philosophical legal knowledge as forms of "symbolic capital";
- understands the role of the factor of emerging national identification in the history of the ius commune system; has an idea of the methods of transmitting information as factors in the dissemination of ideas and practices of ius commune.
- The student has an idea that ius commune can be considered as an ideal space of duty and as a dogmatic phenomenon; understands the role of the university as a place of birth and reproduction of the concept of ius commune with its medieval meaning in the approach indicated above; knows the stages, preceding forms of education, needs and factors for the implementation of the university project in the context of considering the issue of the emergence of medieval universities;
- knows the origin and meaning of the term "universitas" in relation to the phenomenon of medieval universities; can distinguish the types of universities in the Middle Ages; has an idea of the principles of the structural organization of universities, the key features of the educational process in medieval universities, the legal status of members of the university corporation; can characterize the position of the Church in relation to the functioning of universities;
- has an idea of the characteristics of the process of forming a corporation of "experts" in law, its necessity and role in the socio-cultural context of the era; can outline the range of reading for professors and students of law faculties in the Middle Ages; has an idea of the principles of teaching and organization of the educational process at the law faculty of a medieval university;
- can outline the educational track and career prospects of students and graduates of the law faculty; understands that jurisprudence can be considered as an analogue of exegesis; understands the role and content of the scholastic method in teaching law; can characterize jurisprudence in the opposition system: "art-science"; has an idea of the origins of the formation of corporate legal thinking and its "natural attitudes";
- can, using the ideas of P. Bourdieu, define the habitus of lawyers; understands the significance of the cult of Justice and the rule of law in the subculture of medieval lawyers who graduated from the university;
- has an idea of the presence of a discussion in historical science, its parties and their positions regarding the problem of the reception of Roman law; understands who glossators and postglossators (commentators) are and can point out key figures, texts, principles of working with legal material within the framework of these doctrinal groups;
- can define the characteristics of ius commune as a conceptual system for a corporation of scholars and practicing lawyers; understands the practical problems of scholars of law in resolving real legal cases; can assess the place of lawyers in the system of power relations of medieval Europe;
- understands how one can use the concept of "social magic" by P. Bourdieu and the concept of "nobles of the robe" in relation to lawyers of the Middle Ages; knows the types of medieval lawyers; has an idea of the degree of universality of knowledge and practices, the homogeneity of the corporation of professional lawyers in Western Europe of the Middle Ages;
- can highlight the features of legal education, the legal corporation and the work of lawyers in medieval England; can indicate specific results of the work (including in the form of treatises, legal reforms, practical consequences of participation in the political life of society, and other artifacts significant for the history of law and the state) of legal scholars in England, France, Germany, and Spain in the 11th-15th centuries.
- Student Understood the principles of the postclassical type of work with the phenomenon of the state; knows about the forms of influence and the role of professional lawyers, "experts" of ius commune in the process of formation of the concepts of the state in Europe in the Middle Ages and Modern Times;
- can reveal the semantics and etymology of the terms "civitas", "respublica", "regnum", "stato", "commonwealth", "state", as well as the reasons for their use in the political and legal discourses of the corresponding eras;
- has an idea of the problems of anachronisms and the reading of modern concepts when working with historical texts and practical experience within the framework of the cultures of past eras; knows the features of M. Weber's approach to defining the essence of the state;
- can determine the degree of significance of the confrontation between church and secular authorities in relation to the genesis of the concept of the state in the Middle Ages and Modern Times, as well as the key manifestations of this confrontation;
- knows the reasons and purposes of using the metaphor of the body in defining the essence of the church and the state; knows the attitude of John of Salisbury to the phenomenon of the republic and monarchical power;
- understands how the "mysticism" of the body of the church and the state is expressed within the framework of the relevant doctrinal teachings;
- is able to use the concepts of "symbolic capital", "symbolic violence" and "symbolic weapons" in relation to the Corpus of Justinian and its provisions in the context of the confrontation between the church and secular authorities in the Middle Ages and Modern Times; has an idea of the properties and functions of the figure of the sovereign in the context of the principles of ius commune;
- is able to find connections between the concept of the state and the properties, functions of the figure of the sovereign in the legal consciousness of philosophers and professional lawyers of the Middle Ages and Modern Times; knows the fundamental provisions of E. Kantorovich's work "The Two Bodies of the King";
- can substantiate the idea of lawyers as inventors of the body of the state; can identify the central theses of Marsilius of Padua, F. Othman, J. Bodin in the description of sovereign power; has an understanding of the ideas of “neutralization” of the state, “separation” of the state and the sovereign, as well as the content and value of these ideas, presented in the works of P. Bourdieu; knows the content and meaning of the concept of “civil religion”;
- can determine the role of T. Hobbes in the process of formation of the modern vision of the essence of the state; can, on the basis of the acquired knowledge and skills, identify the “legal” aspects of the state as a social phenomenon.
- The student has an idea of approaches to defining the beginning of the New Age; knows the characteristics of the phenomena of European humanism and the Renaissance; can highlight the negative manifestations of the use of the scholastic method in philosophy and jurisprudence; has an idea of the emergence of a new (historical and philological) approach to working with the legal heritage of ius commune and the principles of this approach;
- can identify the key representatives and most important areas of work of the "Bourges school", the "elegant school", the school of modern use of the Pandects; knows the mechanism of the responsa prudentium institute, the institute of involving "experts" in the process of law enforcement;
- can identify possible connections between common law and the law of nations, the ideas of common law and the provisions of the philosophy of natural law, common law and the political and legal views of I. Kant;
- has an understanding of the relationship between common law projects and codification projects in Europe in the 18th-19th centuries, common law projects and constitutional reforms in Latin America in the 19th century, common law projects and the development of systems of international public, international private, and European law in the 19th-21st centuries.
- The student knows the key characteristics, fundamental stages of the formation of the continental and Anglo-Saxon legal families; can explain the meaning of the linguistic construct "common law system" in relation to the Anglo-Saxon legal system;
- has an idea of the most important socio-cultural factors and historical events that predetermined the uniqueness of the continental and Anglo-Saxon legal families;
- knows the degree of influence of the common law on the Anglo-Saxon legal family; has an idea of the manifestations of the heritage of ius commune in the Anglo-Saxon legal tradition.
Содержание учебной дисциплины
- 1. Introduction to the History of Common Law
- 2.The place of common law in the coordinate system of the European legal tradition
- 3.Three elements of ius commune: history of formation, key institutions, the significance of each.
- 4.Factors of genesis, reproduction and development of ideas and practices of ius commune in medieval Europe of the 11th-15th centuries.
- 5.The "kingdom" of the ius commune and its "priests": the history of medieval universities and the world of professional lawyers in the Middle Ages.
- 6.The role of ius commune in the development of medieval and modern concepts of the state
- 7.The idea of common law in modern and contemporary times
- 8.Common Law vs. Common Law: The Meaning of ius commune in Relation to the Anglo-Saxon Legal Family
Элементы контроля
- Evaluation of work in seminarsThe purpose of the assessment of work in seminars is to check the students' knowledge obtained during the previous seminars, independent work with sources specified by the teacher as fundamental for the relevant topics, as well as the knowledge acquired by students before the beginning of this discipline. At the same time, the general goal of seminars is the acquisition, consolidation and organization of knowledge regarding specific subjects of analysis of the relevant thematic blocks, as well as the cultivation of research skills, participation in public discussions, arguing a position using references to monuments of political and legal thought, scientific sources, principles of scientific methodology. Classes are held in a discussion format in accordance with the thematic blocks and should serve to achieve the planned results in the field of acquiring knowledge, skills, and abilities. The discussion is moderated by the teacher and, as a rule, involves working with questions posed by the teacher, which are divided into two types according to the level of complexity: "questions of ordinary complexity" and "questions of increased complexity". At the same time, such a format of work is also possible, when the discussion is built around the reports-presentations prepared by students for specific seminar classes. The level of the question "question of increased complexity" is announced by the teacher before the question is asked. In the absence of instructions from the teacher on the level of complexity of the question, it should be assumed that the question is asked at the level of ordinary complexity. Students answer the teacher's questions only when the teacher gives them the floor; answers given without giving them the floor are not counted as answers to questions of the corresponding level of complexity; such answers are counted as elements of participation in the thematic discussion. Points for positive activity are summed up. The maximum number of points for one seminar class is not limited. However, the maximum number of points in general for this element of current control cannot exceed 20 points. Thus, if a student scored, for example, 25 points based on the results of all seminar classes, then the assessment of the work in the seminar classes in the relevant reports is set at 20 points. The accounting of points and determination of grades received by students for work in seminars is carried out in the teacher's work sheet. Making up for missed (including for a valid reason) seminars, as well as the remote submission of the results of independent preparation, answers to the teacher's questions, remote submission of a report-presentation, including submission through other students of the seminar group, is not provided. In the case of conducting seminars in a remote format using special software applications, positive activity is taken into account and assessed only if the student's video camera is turned on throughout the seminar. The points earned for work in seminars are announced by the teacher at the last seminar, which does not prohibit students from contacting the teacher after the seminar with a request to indicate and / or explain the current total score on the work sheet.
- Assessment of completed homeworkHomework is a written abstract of scientific texts (various articles, excerpts from monographs, academic commentaries on historical monuments) proposed by the teacher and agreed upon by the teacher with individual students. The purpose of assessing homework is to check the students' ability to independently, identify key theses and logical connections, analyze the sources proposed by the teacher and agreed upon with him, present the results of this analysis in the form of a short abstract-summary (5 to 10 A4 sheets) for each of the texts, as well as to check the skills of using the synthesis method, necessary for the successful implementation of students in the research and practical planes of jurisprudence. Also, the purpose of homework in general is successful preparation for completing the tasks of Test #1, Test #2 and the exam, the formats of which are defined below. As part of the course, the teacher asks students to complete homework on a number of sources for each thematic block. One assignment involves working with one or two sources. Students have the right to choose any of the proposed homework options, agree on their choice with the teacher, complete the homework, including answering questions posed by the teacher on the content of the source/sources, and submit the results of the completed homework to the teacher for checking within the announced deadline. The deadlines for submitting homework are announced by the teacher during seminar classes. Failure to meet the deadlines for submitting the results of completed homework to the teacher for checking entails recognition of such homework as not submitted to the teacher for checking. If the failure to meet the deadlines for submitting the results of completed homework to the teacher for checking is caused by valid reasons, then the corresponding homework may be accepted for checking by the teacher at his/her personal discretion. Homework is completed in written form ("by hand"), without the use of printing. Exceptions are allowed due to the student's health and/or other valid reason of both subjective and objective nature. In the absence of homework submitted for the course, the grade as a whole for this element of current control cannot be more than 0 points, which is reflected in the relevant teacher's reports. Points for individual homework assignments are summed up. The mandatory number of completed homework assignments that must be submitted to organize the possibility of receiving the maximum score (if this is the goal pursued by students) is 5 assignments. The maximum number of points for one homework assignment completed without errors of any kind is 2 points. In this case, the number of homework assignments that a student undertakes and submits to the teacher for checking is limited only by the total number of homework assignments offered by the teacher during the entire course. Meanwhile, if a student has scored, for example, 12 points for completed homework assignments based on the results of all seminar classes, then the assessment of the homework assignments in the relevant reports is set at 10 points, since the maximum number of points in general for this element of current control cannot exceed 10 points. The accounting of points and the determination of grades received by students for work in seminar classes is carried out in the teacher's work sheet. The points for completed homework assignments are announced by the teacher at the last seminar class, which does not prohibit students from contacting the teacher after the seminar classes with a request to indicate and/or explain the current total score on the work sheet.
- Test #1Test #1 is completed in the form of a test after seminar classes, comprising at least 50% of the total number of academic hours allocated to classes of this type. The purpose of the test is to check the student's knowledge of the topics covered by the time of the test, including knowledge gained during seminar classes and independent work with sources specified by the teacher; knowledge of specific social phenomena, historical events, their scientific interpretations, features of the corresponding socio-cultural contexts; knowledge in the field of special and authentic terminology for the corresponding eras, as well as knowledge of the state of historiography and relevant academic discussions on specific problems outlined in seminar classes and/or resolved in sources specified by the teacher, which the student should have familiarized himself with as part of independent work. The test conducted by the seminar teacher includes 10 questions with 4 possible answer options. For each question, there are two possible scenarios for the correct answer: 1) only one of the proposed answer options can be correct; 2) or several suggested answer options may be correct at once, up to the point that all suggested answer options may be correct. You have 15 minutes to complete the test. When taking the test, it is prohibited to use any information carriers, and the work itself must be done independently. If the teacher-seminarian discovers that a student is doing the work with the help of outside help, the student is removed from the test, and a mark is made in the report card about the student's absence from the corresponding element of the current control. It should be especially noted that the test can be conducted using special software applications, including the HSE Smart LMS system tools, and even in a remote format. In the latter case, the teacher-seminarian has the right to require students to turn on video cameras to assess the situation with the involvement/non-involvement of students with outside help (refusal or inability to turn on the camera is equivalent to the student's absence from the corresponding element of the current control, a mark about which is recorded in the report card). Thus, when conducting a test in a remote format using special software applications, the student must ensure that he/she has a stable Internet connection and a video camera with the ability to work throughout the entire time of passing this element of the current control. Failure to comply with these conditions is equivalent to failure to appear for the corresponding element of control. If the student did not give a single correct answer, but there are no grounds for assigning 0 points, as provided for by local legal acts of the HSE, he/she is assigned a grade of 1 point. The points for test No. 1 are announced by the teacher at the upcoming seminar lesson.
- Test #2Test #2 is completed in the form of a test after conducting seminar classes in the amount of at least 75% of the total number of academic hours allocated for classes of this type. The purpose of the test is to check the student's knowledge of the topics covered by the time of the test, including those obtained during seminar classes and independent work with sources indicated by the teacher; knowledge of specific social phenomena, historical events, their scientific interpretations, features of the corresponding socio-cultural contexts; knowledge in the field of special and authentic terminology for the corresponding eras, as well as knowledge of the state of historiography and relevant academic discussions on specific problems outlined in seminar classes and / or resolved in the sources indicated by the teacher, with which the student must be familiarized as part of independent work. The test conducted by the seminar teacher includes 10 tasks-questions with 4 possible answer options. For each task-question, two scenarios of the correct answer are possible: 1) only one of the proposed answer options can be correct; 2) or several suggested answer options may be correct at once, up to the point that all suggested answer options may be correct. You have 15 minutes to complete the test. When taking the test, it is prohibited to use any information carriers, and the work itself must be done independently. If the teacher-seminarian discovers that a student is doing the work with the help of outside help, the student is removed from the test, and a mark is made in the report card about the student's absence from the corresponding element of the current control. It should be especially noted that the test can be conducted using special software applications, including the HSE Smart LMS system tools, and even in a remote format. In the latter case, the teacher-seminarian has the right to require students to turn on video cameras to assess the situation with the involvement/non-involvement of students with outside help (refusal or inability to turn on the camera is equivalent to the student's absence from the corresponding element of the current control, a mark about which is recorded in the report card). Thus, when conducting a test in a remote format using special software applications, the student must ensure that he or she has a stable Internet connection and a video camera with the ability to work throughout the entire time of passing this element of the current control. Failure to comply with these conditions is equivalent to failure to appear for the corresponding element of control. If the student did not give a single correct answer, but there are no grounds for assigning 0 points, as provided for by local legal acts of the HSE, he or she is assigned a grade of 1 point. The points for test No. 2 are announced by the teacher at the upcoming seminar class, and in its absence, within the time period established by local legal acts of the HSE before the start of the session.
- ExamThe exam is held at the end of the relevant academic module, within the session, after all seminar classes on the subject. The purpose of the exam is to check the extent to which the student has mastered the subject material as a whole and is able to navigate the acquired knowledge. Thus, the knowledge obtained during the seminar classes and independent work with the sources specified by the teacher is tested, including knowledge of specific social phenomena, historical events, their scientific interpretations, features of the relevant socio-cultural contexts; knowledge in the field of special and authentic terminology for the relevant eras, as well as knowledge of the state of historiography and relevant academic discussions on specific problems outlined in the seminar classes and/or resolved in the sources specified by the teacher, which the student should have familiarized himself with as part of the independent work. The exam is held in the form of a test. The test includes 30 questions with 4 answer options in each, of which only one or several options can be correct. 60 minutes are given to complete the test. When taking the test, it is prohibited to use any information carriers, and the work itself must be done independently. If the teacher responsible for conducting the described form of control discovers that the student is doing the work with the help of outside help, the student is removed from the exam, and a note about the student's absence from the final control element is made in the relevant report. At the same time, it should be noted that the examination test can be conducted using specialized applications, including the Smart LMS tools of the HSE system, both in person and remotely. In this case, in the case of conducting the exam in a remote format using specialized applications, the student must ensure the availability of a stable Internet connection and a video camera that works throughout the entire time of this final control event. Failure to comply with these conditions is equivalent to failure to appear for the exam, which entails receiving a grade of 0 points for the exam. If a student does not give a single correct answer during the exam, but there are no grounds for awarding 0 points, as provided for by local legal acts of the HSE, a grade of 2 points is awarded for this element of current control.
Промежуточная аттестация
- 2024/2025 4th moduleOres = 0.05*Acem + 0.1*Odz + 0.1*Okr1 + 0.1*Okr2 + 0.1*Oekz,, where: Ores – final grade (maximum grade – 10 points); Acem – grade for work in seminars (maximum grade – 20 points); Odz – grade for completed homework (maximum grade – 10 points); Okr1 – grade for test #1 (maximum grade – 10 points); Okr2 – grade for test #2 (maximum grade – 10 points); Oekz – grade for the exam (maximum grade – 60 points). The final grade for the discipline consists of 4 elements: grade for work in seminars, grade for essays, grade for homework and the result of the written exam. Blocking grade is not provided. Assignments, forms of current and final control can be given to students on the Smart LMS platform (priority mode), as well as using videoconferencing platforms ZOOM, MS Teams, Webinar. MTS Link. During the remote completion of assignments of test task No. 1, test task No. 2 and the exam, the student must ensure that he or she has a stable Internet connection and a video camera that can work throughout the entire time of passing a particular event of current or final control. Failure to comply with these conditions is equivalent to the student's failure to appear for the corresponding element of control. In the event that, when checking students’ written work, a complete or partial match in the text of the answer is revealed for different students, and this match is not caused by citing sources (which should be specially formalized by students when completing the relevant assignments), all students who have a match are given a grade of 0 for their work, without clarifying the reasons for such a match.
Список литературы
Рекомендуемая основная литература
- Виноградов, П. Г. Очерки по теории права. Римское право в средневековой Европе / П. Г. Виноградов , под редакцией У. Э. Батлераи В. А. Томсинова. — Москва : Зерцало-М, 2010. — 288 с. — ISBN 978-5-8078-0180-7. — Текст : электронный // Лань : электронно-библиотечная система. — URL: https://e.lanbook.com/book/129968 (дата обращения: 00.00.0000). — Режим доступа: для авториз. пользователей.
- Марченко М.Н. - Источники права. Учебное пособие - 978-5-392-18001-1 - Проспект - 2015 - http://ebs.prospekt.org/book/23184 - 23184 - PROSPECT
- Михайлов, А. М. Сравнительное правоведение: догма романо-германского права : учебное пособие для вузов / А. М. Михайлов. — 2-е изд. — Москва : Издательство Юрайт, 2022. — 465 с. — (Высшее образование). — ISBN 978-5-534-08933-2. — Текст : электронный // Образовательная платформа Юрайт [сайт]. — URL: https://urait.ru/bcode/494571 (дата обращения: 27.08.2024).
Рекомендуемая дополнительная литература
- Михайлов, А. М. Философия права: классический юснатурализм и историческая школа юристов : учебное пособие для вузов / А. М. Михайлов. — 2-е изд. — Москва : Издательство Юрайт, 2022. — 595 с. — (Высшее образование). — ISBN 978-5-534-08935-6. — Текст : электронный // Образовательная платформа Юрайт [сайт]. — URL: https://urait.ru/bcode/494572 (дата обращения: 27.08.2024).
- Скиннер, К. Истоки современной политической мысли: в 2 т. : монография : в 2 томах / К. Скиннер , под редакцией В. В. Софронова , перевод с английского А. А. Яковлева,. — Москва : Дело РАНХиГС, 2018 — Том 2 : Эпоха Реформации — 2018. — 568 с. — ISBN 978-5-7749-1268-1. — Текст : электронный // Лань : электронно-библиотечная система. — URL: https://e.lanbook.com/book/107440 (дата обращения: 00.00.0000). — Режим доступа: для авториз. пользователей.
- Скиннер, К. Истоки современной политической мысли: в 2 т. : монография : в 2 томах / К. Скиннер. — Москва : Дело РАНХиГС, 2018 — Том 1 : Эпоха Ренессанса — 2018. — 464 с. — ISBN 978-5-7749-1313-8. — Текст : электронный // Лань : электронно-библиотечная система. — URL: https://e.lanbook.com/book/107441 (дата обращения: 00.00.0000). — Режим доступа: для авториз. пользователей.
- Фролова Е.А. - История политических и правовых учений. 2-е издание. Учебник - 978-5-392-33501-5 - Проспект - 2021 - http://ebs.prospekt.org/book/43922 - 43922 - PROSPECT