|Course code: 177101||Subject title: PHILOSOPHY AND THEORY OF LAW|
|Credits: 6||Type of subject: Basic||Year: 1||Period: 1º S|
|URDANOZ GANUZA, JORGE (Resp)|
BASIC / PHILOSOPHY.
Concept of Law, Juridical Norm, Theories of Justice, Democracy, Human Rights.
C.G.1.- Analysis and synthesis
C.G.16.- Autonomous learning
C.G.2.- Organization and planning
C.G.22.- Capacity of reasoning and reflection
CE a8 Capacity of legal relationship and argumentation.
CE a9 Capacity of legal reasoning and basic juridical reflection.
CE a1 Capacity to read and to interpret basic legal texts
CE a5 Capacity to examine and to summarize basic legal questions.
|Methodology - Activity||Classroom hours||Non classroom hours|
|Exams, evaluation tests||02|
|Computer Skills for Lawyers On-line Course||04||10|
|Lectures||CG1, CG2, CG22, CEa9.|
|Practice||CG1, CG2, CG22, CEa9.|
|Reading||CG1, CG16, CG2, CG22, CEa1, CEa5.|
|Individual study||CG1, CG16, CG2, CG22, CEa9.|
|Exams, evaluation tests||CG1, CG22, CEa5.|
|Individual classes||CG2, CEa8.|
|Computer Skills for Lawyers On-line Course||CG16, CG2.|
|Learning outcomes||Evaluation method||Weight (%)|
|R142, R145, R160, R161, R16, R44, R1, R96, R135, R118, R19, R43, R105.||Attendance and participation in Lectures and practical exercises.||10%|
|R40, R20, R142, R145, R160, R137, R161, R16, R44, R1, R96, R135, R118, R19, R43, R105.||Papers throughout the semester.||35%|
|R145, R160, R161, R16, R44, R1, R135, R118, R19, R105, R43.||Final test.||50%|
|R137.||On line course evaluation.||5%|
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.
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.
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
Mondays 5-7 pm.
Fridays 3-5 pm.
Arrosadia campus, UPNA, Pamplona.