Introduction to Law (20630)

Degree course: Degree in Labour Relations
Academic year: first
Term: first
Number of ECTS credits: 4
Student hours: 100

Syllabus

Introduction to Law is a preparatory course, as is clear from its position in the first term together with other introductory subjects.

The course is usually presented as a general introduction to the understanding of the law's role in Western democratic societies and aims to introduce students in the most didactic way possible to the basic concepts of law, the main ideas relating to the task of interpreting and applying the law, the bases of law's normative foundation and its relationship with justice, and specifically with social justice.

Basic vocabulary which is necessary for the legal knowledge which may be of interest to Labour Relations students is also covered, as well as the interrelation of law and other normative phenomena such as morality. These introductory areas are presented in a systemised model which aims to provide the basics for understanding the situation and interrelationships, the function and the basic structure of law in complex societies like ours.

The course also aims to provide Labour Relations students with a basic overview of Spanish law, taking into account its system of sources, normative hierarchy and the main typology of legal regulations, the main branches of law and the controversy surrounding the characterisation of public law, and the space left for the alternative resolution of conflicts, which in fact is of great importance for the labour relations sphere.

The course also aims to help students understand some of the complexities in the operating of employment law and in the entire legal system applicable to the sphere of labour relations. For this reason, students will also be introduced to reflections on the difficulties of applying the law, with special emphasis on legal interpretation but also with reference to the problems of proof and normative qualification.

Finally, the course aims to introduce students to some of the main normative problems of law in general and in labour relations in particular. To this end, there will be reflections on the relationship between law and justice, paternalism and legal perfectionism, and on law's relationships with efficiency, legitimacy, justice and morality. The ultimate aim is to help students understand the significance of the declaration in the Spanish Constitution that Spain is a social and democratic state based on the rule of law. This enables us to show the enormous importance of considerations of legitimacy and justice for the law's normative development and to have a good overview of the main political theories that permit a critical view of law.

Topic 1. The concept of law: introduction

1. Law as a normative coercive system.

1.1. Law as a social phenomenon. Common minimum regulatory standards.

1.2. The problems of social cooperation.

2. The ends of  law.

2.1. Social control.

2.2. Legal certainty.

Topic 2. Map of Spanish law

1. The sources of law.

1.1. Law, customs and general principles. The role of case law.

1.2. The alternative resolution of conflicts.

1.3. Normative hierarchy and general typology.

2. The branches of positive law.

2.1. Public law and private law.

2.2. The special case of Spanish employment law.

Topic 3. Interpretation and application of the law

1. Interpretating the law and problems of interpretation.

1.1. Theories of interpretation.

1.1.1. Cognitivist theories.

1.1.2. Non-cognitivist theories.

1.1.3. Intermediate theories.

1.2. Interpretation techniques.

1.2.1. Literal and corrective interpretation.

1.2.2. Some interpretative arguments.

1.2.3. Loopholes and interpretation techniques.

2. Applying the law.

2.1. Internal justification problems.

2.2. External justification problems.

Topic 4. Law and morality

1. The relationships between law and morality I.

1.1. Iusnaturalism.

1.2. Positivism.

2. The relationships between law and morality II. 

2.1. The Harm Principle.

2.2. Paternalism and legal perfectionism.  

Topic 5. Questions of legitimacy and the normative justification of law

1. Legitimacy and justice.

1.1. Legitimacy: democratic law and the rule of law, preconditions.

1.2. Justice: the social state.

2. Theories of justice: introduction.

2.1. Utilitarianism.

2.2. Egalitarian liberalism.

2.3. Critiques of liberalism: libertarianism or neo-liberalism; Marxism or socialism; feminism; communitarianism; republicanism