GIUV2016-332
The aim is to identify the legal concepts of the so-called Ancien Régime that are discussed in the liberal courts from the beginning of the 19th century onwards. From their discussion in the Spanish parliament, we seek to know to what extent all these elements are replaced by a new legal and doctrinal formulation. We are interested in seeing to what extent and to what extent the substitution of a regime which, contrary to what is sometimes thought, we believe remained, on many occasions, unalterable or with slight modifications over the years, is effectively carried out. On the occasion of the first liberal courts, legislators turned their gaze towards political and legal institutions that were almost obligatory or which, with the new times, they would reinterpret in an ideologically interested or, at least, updated way, that is, from a new construction of what power and its legitimacy were. But the social and economic context was very different, and its imprint on the letter of the law was inevitable; it only remains for us to specify to what extent. What we want to do is to identify these legal and political reinterpretations and their manifestations in the new codifying...The aim is to identify the legal concepts of the so-called Ancien Régime that are discussed in the liberal courts from the beginning of the 19th century onwards. From their discussion in the Spanish parliament, we seek to know to what extent all these elements are replaced by a new legal and doctrinal formulation. We are interested in seeing to what extent and to what extent the substitution of a regime which, contrary to what is sometimes thought, we believe remained, on many occasions, unalterable or with slight modifications over the years, is effectively carried out. On the occasion of the first liberal courts, legislators turned their gaze towards political and legal institutions that were almost obligatory or which, with the new times, they would reinterpret in an ideologically interested or, at least, updated way, that is, from a new construction of what power and its legitimacy were. But the social and economic context was very different, and its imprint on the letter of the law was inevitable; it only remains for us to specify to what extent. What we want to do is to identify these legal and political reinterpretations and their manifestations in the new codifying legislation. It is therefore a field of study that is not very clear-cut, since the reformulation of the entire system did not entail its repeal or replacement, but rather, at times, its complete maintenance, albeit in new forms. As for the content, we will have to see what its transition to the new wording will be. From these difficult frontiers, we will delve into both institutions and law, both public and private. That is to say, we are interested in both the reformulation of what the parliament itself is, and the legislation that emanates from it, both for the construction of a new justice and a new administration in its various territorial demarcations. Therefore, we will study both substantive, civil, administrative or constitutional law, as well as organic and procedural procedural law.
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- Identificar els principals elements de canvi de l´ordre juridic de l´Antic Regim o, en el seu cas, el manteniment amb les noves formes.
- History of law and institutions.Research on the transformation of legal and political structures over time; from the formation of the medieval peninsular kingdoms to the Spanish constitutionalism of the 20th century.
| Name | Nature of participation | Entity | Description |
|---|---|---|---|
| CARLOS TORMO CAMALLONGA | Director | Universitat de València | |
| Research team | |||
| JORGE CORREA BALLESTER | Member | Universitat de València | |
| PILAR GARCIA TROBAT | Collaborator | Universitat de València | |
| PASCUAL MARZAL RODRIGUEZ | Collaborator | Universitat de València | |
| MARIA DEL PILAR HERNANDO SERRA | Collaborator | Universitat de València | |
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- Financial Law and History of Law
- Dret, Institucions, Regnes, Constitucionalisme, Espanyol
