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Croatian Perspectives of Roman Legal Education (CROSBI ID 632395)

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Žiha, Nikol Croatian Perspectives of Roman Legal Education // 69th Session of Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité “Legal Education in Antiquity and Law of Antiquity in Today’s Legal Curricula”, Istanbul, Turska, 07.09.2015-12.09.2015

Podaci o odgovornosti

Žiha, Nikol

engleski

Croatian Perspectives of Roman Legal Education

It is the purpose of the following contribution to highlight the relevance of Roman Law in Croatian legal education, identify and analyse the challenges of legal curricula in transition, as well as ponder some preliminary solutions on how to ensure a vital role of a subject which serves as a backbone of legal education. Through reforms of the legal system, after declaring its independence in 1991, Croatia started the process of returning to the civil law roots and European identity, it once was a part of. A particular significance in that process goes to legal education, especially Roman Law which raised the cultural level of legal education and facilitated in the process of reintegration in the western European legal culture. The tradition of the academic instruction of Roman law in Croatia can be followed back to the 15th century, but the uninterrupted public lectures had been held at the Academy of Legal Science in Zagreb since 1854 onwards. The curriculum was progressing very much in line with other Faculties of Law in the Habsburg Monarchy. This system with two chairs and a division of instructions into two subjects (History and institutions of Roman Law and Pandect Law) has outlived the fall of the Monarchy and persisted until the end of World War II, leaving a strong Romanic mark to the overall legal education and Croatian Private Law science. After World War II and the establishment of the socialist government, the Roman Law instruction was greatly reduced, primarily out of ideological reasons. Roman Law remained a compulsory subject in the first year of study, but Pandect Law was completely eliminated from the curricula. Primarily due to the efforts and scientific quality of Professor Marijan Horvat (1903-1967), who is undoubtedly the greatest name of the Croatian Roman Law studies, the chair of Roman Law managed to survive, even in sometimes unfavourable socialist environment. The socialist curricula was unfortunately inherited after Croatia’s independence and implemented in the legal framework of other Faculties of Law (Split, Rijeka, Osijek) that have been established more recently, namely in the 1960s and 1970s. Although the reform of legal studies through adoption of Bologna-process in 2005 showed many benefits in legal education, the focus on practical legal skills and active competences of students de-emphasized the role of Roman Law courses and legal history in general. This was, of course, not an isolated case in Croatia but a problem that has been recognized well ahead by distinguished scientists in the whole region (Petrak, Kranjc, Avramović). Confronted with a constant marginalization of Roman law, instead of fighting directly “against the hurricane of positivist and pragmatic challenges” (Avramović), a more active and practical approach in the process of reforming the legal education is considered. Since the Croatian Qualifications Framework Act (2013) in Article 3 explicitly stated “preserving positive heritage of the Croatian educational tradition” as one of its main principles and objectives, the Faculty of Law in Osijek has launched a project ‘Iurisprudentia - Quality Improvement of Higher Legal Education at the Law Faculties in Osijek, Rijeka and Split’ as a lead beneficiary, financed by the European social fund - Operational Programme “Human resources development”. The survey that will be, inter alia, carried out within this project will serve to determine the learning outcomes of Roman Law that can provide the necessary key competences for a modern lawyer. The research results of this project are aimed to build and maintain a bridge between the need of providing the students with an historical approach and insight into the broader dimensions and principles of law and the present labour market requirements of narrow specialisation.

Legal education; Roman law; Reform of curiculum

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Podaci o prilogu

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Podaci o skupu

69th Session of Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité “Legal Education in Antiquity and Law of Antiquity in Today’s Legal Curricula”,

predavanje

07.09.2015-12.09.2015

Istanbul, Turska

Povezanost rada

Pravo