Theory and philosophy of law

law

elementary

lecture:

PR_W10

exercises:

PR_U05

PR_K02

PR_K03

The aim of the course is to provide knowledge about the nature of law, basic and contemporary relevant conceptions of law, their origins, ability of their evaluation and basic issues related to the creation and application of law, including the settlement of hard cases in view of the understanding of the personal nature of man.

The lecture on the theory and philosophy of law are discussed contemporary most relevant concepts of law: from the hard positivism and its evolution toward a Hart's soft positivism and the institutional positivism, by legal realism and theories of communication, antipositivist refturn in the form of Dworkin's institutional philosophy of law, philosophy of law by Gustav Radbruch to modern concepts of natural law on the example of John Finnis. In the second part are described different historical roots of contemporary concepts of law, beginning with the first reflection of the Sophists. The aim of the historical analysis is to identify the philosophical assumptions (philosophical anthropology, metaphysics, ethics) of those elements of modern concepts of law, which are essential for their shape and to understand a differences between them.

The next part is the analysis of the basic principles of the legal system: the principle of common good (with the analysis of the phenomenon of community), the pricniple of protection of human dignity (with an analysis of the characteristics of the person and their significance for the shape of the law and review of the controversy surrounding the recognition of man as a person) as well as principles of justice and equity. In the next part of the course shall be analyzed current trends in the application and law making and their assessments. At the end are discussed in detail the principles of exegesis of the legal text: rules of conflict, rules of interpretation and rules of inference, together with a detailed analysis of the conditions of their application.

Learning outcomes in terms of knowledge (lecture):

EK1 characterizes characteristics of the various concepts of law

EK2 identifies and characterizes the genesis of the modern concepts of law

EK3 explains structure of principles of the legal system and their role in the law making and in the application of law

EK4 characterizes  trends in the process of creation and application of the law

EK5 characterizes the rules of exegesis of the legal text

Learning outcomes in terms of skills (classes):

EK6 Analyzes and evaluates modern legal institutions in Poland and worldwide from the point of view of the different concepts of law and its objectives.

EK7 Performs analysis of theories on the law making, validity and application of law in terms of their relevance to contemporary socio-legal reality.

Learning outcomes in terms of competence (classes):

EK8 perceives relationship between legal and moral issues, and is focused on making ethical legal solution.

EK9 discuss using arguments in legal disputes concerning the hard cases borderline between law and morality.

EK10 is able to work in a group to develop a common opinion on the legal disputes in difficult matters , bordering on law and morality.

Description of credits:

participation in the lecture: 32 hours

reading literature before the lecture: 38 hours

preparation for the exam: 46 hours

Total: 100 hours (4 pts. ECTS)

participation in classes: 16 hours.

reading literature for classes, preparation of cases, arguments: 34 hours.

preparing to pass classes: 25 hours.

a total of 75 hours. (3 points ECTS).