Jurisprudence-E2
Numbering Code | U-LAS06 10003 LE41 | Year/Term | 2022 ・ Second semester | |
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Number of Credits | 2 | Course Type | Lecture | |
Target Year | Mainly 1st & 2nd year students | Target Student | For all majors | |
Language | English | Day/Period | Tue.4 | |
Instructor name | ALVAREZ ORTEGA,Miguel (Graduate School of Law Program-Specific Associate Professor) | |||
Outline and Purpose of the Course | The aim of this course is to reflect upon the defining nature and characteristics of Law, as well as its sociological and ethical dimensions, by analyzing the main theoretical approaches developed throughout history. What is this thing that we call Law? Is Law a universal element present in all societies or is it a historical product of certain cultures? How does Law relate to other normative systems like morality or politics? How does Law regulate the behavior of human beings? How does law relate to justice and stability? Such questions will be addressed in this lecture, drawing from both classical and contemporary sources. | |||
Course Goals |
- to enable students to develop a critical approach to Law, legal practice, and Justice. - to grant access to the main legal philosophical schools. |
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Schedule and Contents |
1. Introduction: methodology and content 2. Jurisprudence: the name and the discipline 3. The Concept of Law I: from experience to definitions 4. The Concept of Law II: tri-dimensionalism and unilateralism 5. Natural Law I: cosmological conceptions 6. Natural Law II: theological conceptions 7. Natural Law III: rationalist conceptions 8. Legal Positivism I: John Austin 9. Legal Positivism II: H. Hart & H. Kelsen 10. Legal Positivism III: contemporary approaches 11. Legal Realism I: Jurisprudence of Interests & Free Law Movement 12. Legal Realism II: Marxist criticism of bourgeois law 13. Legal Realism III: the American School and the Scandinavian school 14. Legal Realism IV: Alternative Law & Legal Pluralism 15. Appraisal and feedback The order of the lessons and the implementation of the syllabus may change according to the actual development of the classes . |
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Evaluation Methods and Policy |
Students are expected to read and prepare materials for discussions every week. They will submit reports on the texts covered, which will constitute 70% of the final grade. Active participation and engagement in the online sessions will constitute 30% of the final grade. |
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Course Requirements |
Proficiency in the English language is required. Some philosophical background is desirable. |
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Study outside of Class (preparation and review) | Students are required to prepare texts for discussion on a weekly basis and be ready to present and discuss such material in class. They are also expected to critically reflect upon the addressed and discussed issues after class. | |||
Textbooks | Textbooks/References | No single specific textbook will be followed. Specific papers and materials will be distributed each week. | ||
References, etc. |
Lloyd's Introduction to Jurisprudence 9th edition, Michael Freeman, , ISBN:9780414026728
Students in need of a reference book may resort to the one here included. |