Universidad Pública de Navarra - Nafarroako Univertsitate Publikoa
Public University of Navarre
| 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 (Resp) [Mentoring ] | |||||
Contents
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..
Descriptors
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.
General proficiencies
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
Specific proficiencies
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
Learning outcomes
• Building the capacity of analysis and synthesis and conceptual relationship
• Development of logical and coherent reasoning
• To facilitate the exercise of critical sense
• Develop skills and abilities to search for legal information
• Easily search criteria and guidelines for the selection of knowledge
• Ability to compare, contrast and draw synthetic conclusions arguments
• Learning transmission of ideas, analysis of problems and proposed solutions
• Learn to recognize the law as a regulatory and disciplinary system of social relations and its role in social life.
• Ability to distinguish and compare different regulatory systems, and to evaluate them
• Become aware of the unitary and structured legal system and the need for an interdisciplinary view of the most relevant legal problems.
• To know and understand the concept of sources of law and the various modes of creation, interpretation and application of law.
• To develop critical abilities and to analyze the relationship between law, power and ideology from an historical point of view.
• Knowledge of the most relevant theoretical responses to problems of values such as justice, freedom and legal certainty.
• Learning of argumentation and reasoning about the validity and legitimacy obedience of legal norms.
• Ability to develop a logical and coherent reasoning about nuclear legal issues.
• Knowledge of tradition and historical
Methodology
|
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 |
Evaluation
|
Learning result |
Evaluation method |
Weight (%) |
Revision |
|
R142, R145, R160, R137, R161, R16, R44, R1, R96, R135, R118, R19, R43, R105. |
Final test |
80% |
Yes |
|
R40, R20, R142, R145, R160, R137, R161, R16, R44, R1, R96, R135, R118, R19, R43, R105. |
Final paper |
20% |
No |
Agenda
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.
Bibliography
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.