Course code: 351101 | Subject title: PHILOSOPHY AND THEORY OF LAW | ||||
Credits: 6 | Type of subject: Basic | Year: 1 | Period: 1º S | ||
Department: Public Law | |||||
Lecturers: | |||||
URDANOZ GANUZA, JORGE [Mentoring ] |
The existence of the law has always been a matter of philosophical reflection. Which are the differences between law and justice? What requirements must observe a particular obligation to be considered "law"? Which are the differences between law and other normative orders, as tradition or religious faith? Which must be the foundation of the laws? Is it possible to disobey an unfair law?
Philosophy and theory of law deals with these issues and many others. Since it is a philosophical discipline, its distinctive feature is precisely its radicalism. It does not examine the surface of the legality or the mere existence of legal codes, but questions its origin, its meaning, its foundation, its possibilities for improvement, etc..
Theory and philosophy of law is part of the basic training of every law student. Its main goal is to provide an overview of the legal fact, helping students to develop a critical and reflective attitude towards law. Its mission is to give students an outline of the structure and functions of law, to provide the key juridical concepts and to teach how to observe the legal landscape from different theoretical perspectives.
C.G.1.- Analysis and synthesis
C.G.2.- Organization and planning
C.G.5.- Computer skills related to field of study
C.G.6.- Information management
CG13.- Recognition of diversity and multiculturalism
C.G.14.- Critical Thinking
C.G.15.- Ethical responsibility
C.G.16.- Autonomous learning
C.G.22.- Capacity of reasoning and reflection
CG24.- Practice of new technologies specific skills
CEA1.- To read and to interpret basic legal texts
CEA2.- Practice with legal sources
CEa6. Usage of computer tools for searching sources of law and jurisprudence.
CEa9.- Reasoning and basic legal analysis
CEa.10. Ability to find the legal significance of the facts and social problems
Methodology – Activity |
Classroom hours |
Non classroom hours |
Lectures |
30 |
|
Practice |
30 |
15 |
Reading |
25 |
|
Individual study |
46 |
|
Exams, evaluation tests |
2 |
|
Individual classes |
|
2 |
|
|
|
Total |
62 |
88 |
Skills |
Criteria |
Method |
Weight |
C.E.a.9, C.G.15 C.G.13, C.G.6. C.E.b.9, C.G.3, C.G.1, C.G.22. |
Understanding of key concepts and theoretical and operational knowledge of the subject
|
Final text |
50% |
C.E.b.5, C.E.a.10, C.E.a.2, C.E.a.1, C.G.22. |
Attendance and participation in lectures. Attendance and participation in practices |
Teacher register. Written proofs in the practices |
30% |
C.G.1, C.G.2, C.G.14, CEa9, C.G.16, CEa1, CEa2, C.G.22. |
Theoretical knowledge of the subject. |
Final paper |
20% |
The course is organized around six major modules which include some of the big questions of the reflection about law. Each of those modules originates many other contents.
1 - What is law? Fundamentals of Theory of Law.
Rules, their structure and classes. Rules and principles. Primary and secondary rules. The logic of law. Vagueness, imprecision and other formal properties.
2 – Is there any moral content in law? Law, Morality and Religion.
Law, morality, religion and social traditions. Natural law, positivism. Formalism, realism, normativism.
3 - Is it compulsory to obey the law? The matter of dissent.
Law and justice. Obedience to law. Theories of civil disobedience. Voluntarism and the hypothesis of consent. Legal utilitarianism. Kantian perspective.
4 - Is punishment justified? If so, what punishment is fair? Why?
Penal proportionality. Neutrality of the law. Paternalism and protectionism. The liberal theory. Dignity and authority.
5 - Should judges interpret law? How?
The problem of argumentation and the role of the judge. The legal argument. Rights and democracy.
6 – Law, Theory of Democracy and Human Rights.
Human rights. Law, sovereignty and cosmopolitanism. The role of values. Legal and political constitutionalism.
Access the bibliography that your professor has requested from the Library.
There is not an official textbook for the subject. The notes taken in class should be sufficient to pass the final test in January.
Secondary bibliography will be provided every day with each topic. You should use that bibliography to prepare your final paper.
You can use the following books as an introduction to the course:
• Philosophy of Law: a very short introduction. Raymond Wacks. Oxford University Press, 2006.
• Arguing About Law, Aileen Kavanagh and John Oberdiek. Routledge, 2009.