Theory of Law (20620)
- Academic Year: 2010-2011
- Curs: 1
- Term: 1
- Number of ECTS credits: 4
- Student hours: 100
Syllabus
"Theory of Law" is designed as an introductory course, as is clear from the fact that it appears in the first term together with other subjects traditionally considered essential for students. For this reason, the course is usually presented as a general introduction to understanding the law's role in societies and as a summarised presentation of various basic concepts which appear in the study of any branch of law, as well as the basic vocabulary necessary for legal knowledge, which may be of interest to criminology students, and the interrelation of law with other normative phenomena such as morality. This introductory knowledge is organised into a conceptual model which aims to supply the bases for understanding the situation, interrelations, function and basic structure of the law in a complex society like ours.
Given the introductory nature of the course, students do not need any previous knowledge. As is the case with other subjects which are studied at the beginning of the law degree, one of our course aims is to provide part of the "previous knowledge" and the "tools" which will be useful in approaching the study of the different branches of law. However, students are naturally expected to have acquired a reasonable general knowledge at school as well as possessing basic capacities for abstract thought and reasoning: abstract thought to understand the basic concepts of law as well as its functions, and reasoning to grasp its basic practical and argumentative nature.
Contents section 1. The concept of law
1. The concept of law
Law as a normative system
Law as a coercive system
2. The concept of law II
Law as an institutionalised system
Law and other normative systems
Contents section 2. The functions of law
3. The functions of law
The need for law
Social control
4. The functions of law II
Security
Justice
Contents section 3. Application and interpretation of law
5. Application of law
Concepts of interpretation
The law and language
6. Interpretation of law
Criteria of interpretation
The application of law
Problems of internal justification
Problems of external justification
Contents section 4. Law and morality
7. Law and morality
The harm principle
Paternalism
8. Law and morality II
Moral perfectionism
Legal moralism
Contents section 5. Justice: theories
9. Justice: theories
Utilitarianism
Rawlsian liberalism
10. Justice: theories II
Criticisms of liberalism:
Libertarianism
Communitarianism
Republicanism
Feminism