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Study-Unit Description

Study-Unit Description


CODE LHM1018

 
TITLE Basic Notions of Law and 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 covers two topics: an Introduction to the Maltese Legal System and the History of Maltese Law. It is an introductory study-unit which sets out the historical evolution of Maltese Law, the legal systems which compose it, their interaction and conflicts. It also introduces the main branches and principles of law.

It will also require students to attend for an information session on legal materials available at the University of Malta Library in order to assist them in knowing what legal materials may be used during the entire duration of the course for their studies in law.

This study-unit will cover the historical evolution of Roman Law from the time of the Roman occupation of Malta to date, 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 Codification, Maltese legislation during the Knight's period and Maltese legislation in the British period and post-independence.

Study-Unit Aims:

(a) Introduce the Maltese Legal System to the student;
(b) Appraise students with legal resources managed by the University of Malta Library;
(c) Provide information on the legal history of Malta;
(d) Develop knowledge related to the legal systems which make up the Maltese legal system;
(e) Establish how Maltese Law has varied over time, very much depending on the historical epoch in question; and
(f) Delve into the sources of Maltese Law.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) Explain what makes a legal system;
(b) Distinguish the various legal systems which influence the Maltese legal system;
(c) Classify Maltese legal history in terms of historico-legal epochs.

2. Skills:

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) Write about the Maltese legal system and legal history;
(d) Research the law;
(e) Write a report on legal materials available at the University of Malta Library.

Main Text/s and any supplementary readings:

Main Texts:

- Kevin Aquilina, ‘Rethinking Maltese Legal Hybridity: A Chimeric Illusion or a Healthy Grafted European Law Mixture?’, Journal of Civil Law Studies, Volume 4, 2011, pp. 261-283.
- Kevin Aquilina, ‘The Nature and Sources of the Maltese Mixed Legal System: A Strange Case of Dr Jekyll and Mr Hyde’, Comparative Law Review, 2013, Vol. No. 4, Issue No. 1, pp. 1-38.
- Kevin Aquilina, ‘Non-Autochthonous Law Influences on the Maltese Legal System’. Id-Dritt, Volume XXII, 2011, 265-278.
- Raymond Mangion, 'Legislatures and Legislation in Malta: 1914 to 1964', Department of Legal History and Methodology, Faculty of Laws, University of Malta, 2017.

Supplementary Readings:

- David Joseph Attard, 'The Maltese Legal System', Volume 1, Introduction. Malta University Press, 2013 (revised edition).
- 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.
- Max Ganado (ed.), Introduction to Maltese Financial ¸£ÀûÔÚÏßÃâ·Ñ Law, Valletta Allied Publications, 2009.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Report SEM1 Yes 20%
Examination (2 Hours) SEM1 Yes 80%

 
LECTURER/S Kevin Aquilina
Raymond Mangion

 

 
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 2025/6. It may be subject to change in subsequent years.

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