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INTERNATIONAL LAW (ENGLISH) PROGRAMME
COURSE DESCRIPTION
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Name of the Course Unit
| Code
| Year
| Semester
| In-Class Hours (T+P)
| Credit
| ECTS Credit
|
LEGAL PHILOSOPHY |
LAW116 |
1 |
2 |
3+0 |
3.0 |
5.0 |
Objectives and Contents |
Objectives of the Course Unit |
1. **Understanding the Nature of Law:**
- Develop a comprehensive understanding of different philosophical perspectives on the nature and essence of law.
2. **Exploring Legal Positivism:**
- Examine the tenets of legal positivism and understand its implications for legal theory and practice.
3. **Studying Natural Law Theory:**
- Explore natural law theories and their implications for the relationship between law and morality.
4. **Critical Engagement with Legal Realism:**
- Critically engage with legal realism and understand its critique of formalistic legal reasoning.
5. **Understanding Critical Legal Studies:**
- Explore critical legal studies and its examination of power dynamics within legal systems.
6. **Analyzing Legal Hermeneutics and Interpretation:**
- Study legal hermeneutics and the challenges associated with interpreting legal texts.
7. **Exploring Concepts of Justice:**
- Examine various theories of justice and understand their relevance to legal systems.
8. **Philosophical Foundations of Rights and Liberties:**
- Explore the philosophical foundations of individual rights and liberties.
9. **Examining Legal Morality and Ethics:**
- Analyze the moral foundations of law and ethical considerations in legal decision-making.
10. **Philosophy of Legal Language:**
- Examine the role of language in legal reasoning and its impact on legal interpretation.
11. **Philosophy of Punishment:**
- Study the philosophical underpinnings of theories of punishment.
12. **Understanding Social Contract Theory:**
- Explore social contract theories and their implications for the legitimacy of law.
13. **Philosophy of Constitutionalism:**
- Understand the philosophical foundations of constitutionalism and the limitations on state power.
14. **Global Legal Philosophy:**
- Consider legal philosophy in a global context and analyze the challenges posed by cultural diversity.
15. **Philosophy of Legal Education:**
- Reflect on the philosophy behind legal education and its implications for legal pedagogy.
16. **Understanding Legal Pluralism:**
- Explore legal pluralism and the coexistence of legal systems within a jurisdiction.
17. **Feminist Legal Philosophy:**
- Understand feminist perspectives on law and legal philosophy, with a focus on gender bias.
18. **Philosophy of Human Rights:**
- Explore the philosophical foundations of human rights, including debates on cultural relativism and universalism.
19. **Postmodernist Perspectives on Law:**
- Introduce postmodernist critiques of legal concepts, including deconstruction of legal narratives.
20. **Developing Critical Thinking Skills:**
- Foster critical thinking skills by encouraging students to analyze, question, and engage critically with legal theories and concepts.
21. **Enhancing Analytical and Writing Skills:**
- Improve analytical and writing skills through assignments that require clear articulation of philosophical ideas and arguments.
22. **Preparing for Advanced Legal Studies:**
- Provide a solid foundation for students considering advanced studies in legal philosophy, jurisprudence, or related fields. |
Contents of the Course Unit |
1. **Introduction to Legal Philosophy:**
- Definition and scope of legal philosophy.
- Relationship between law and philosophy.
2. **Nature of Law:**
- Exploration of different theories on the nature of law.
- Legal positivism, natural law theory, and legal realism.
3. **Legal Positivism:**
- Examination of key tenets of legal positivism.
- Analysis of the views of influential legal positivist thinkers.
4. **Natural Law Theory:**
- Overview of natural law theory and its historical development.
- Exploration of the relationship between law and morality.
5. **Legal Realism:**
- Introduction to legal realism as a school of thought.
- Critique of formalistic legal reasoning.
6. **Critical Legal Studies:**
- Exploration of critical legal studies and its critique of legal structures.
- Examination of power dynamics in legal systems.
7. **Legal Hermeneutics and Interpretation:**
- Study of legal interpretation and hermeneutics.
- Understanding the challenges of interpreting legal texts.
8. **Concepts of Justice:**
- Exploration of different theories of justice.
- Distributive justice, retributive justice, and corrective justice.
9. **Rights and Liberties:**
- Philosophical foundations of rights and liberties.
- Exploration of individual rights and the tension between rights.
10. **Legal Morality and Ethics:**
- Examination of the moral foundations of law.
- Ethical considerations in legal decision-making.
11. **Philosophy of Legal Language:**
- Analysis of the role of language in legal reasoning.
- Semiotics and linguistic philosophy applied to law.
12. **Philosophy of Punishment:**
- Examination of the theories of punishment.
- Retributive, deterrent, and rehabilitative theories.
13. **Social Contract Theory:**
- Exploration of social contract theories and their implications for legal systems.
- Contractarian views on the legitimacy of law.
14. **Philosophy of Constitutionalism:**
- Understanding the philosophical foundations of constitutionalism.
- The role of constitutions in limiting state power.
15. **Global Legal Philosophy:**
- Consideration of legal philosophy in a global context.
- Comparative legal philosophy and the challenges of cultural diversity.
16. **Philosophy of Legal Education:**
- Reflection on the philosophy behind legal education.
- The role of legal philosophy in shaping legal pedagogy.
17. **Legal Pluralism:**
- Exploration of legal pluralism and the coexistence of legal systems.
- Recognition of diverse legal norms within a jurisdiction.
18. **Feminist Legal Philosophy:**
- Examination of feminist perspectives on law and legal philosophy.
- Critique of gender bias in legal systems.
19. **Philosophy of Human Rights:**
- Discussion of the philosophical foundations of human rights.
- Critique of cultural relativism and universalism.
20. **Postmodernist Perspectives on Law:**
- Introduction to postmodernist critiques of legal concepts.
- Deconstruction of legal narratives and metanarratives. |
Contribution of the Course Intending to Provide the Professional Education |
1. **Critical Thinking and Analytical Skills:**
- Develops critical thinking skills by encouraging students to analyze and evaluate complex philosophical ideas, fostering the ability to approach legal issues with a reflective and analytical mindset.
2. **Understanding the Foundations of Law:**
- Explores the fundamental philosophical theories and concepts that form the basis of legal systems, providing a deeper understanding of the normative principles that guide the law.
3. **Ethical Awareness and Moral Reasoning:**
- Promotes ethical awareness by examining the moral underpinnings of legal systems. Students gain insights into moral reasoning and ethical considerations, contributing to a more nuanced understanding of legal practice.
4. **Clarity in Legal Reasoning and Argumentation:**
- Enhances students' ability to construct clear and persuasive legal arguments by grounding them in philosophical reasoning and principles. This skill is crucial for effective advocacy and legal writing.
5. **Interdisciplinary Perspectives:**
- Encourages interdisciplinary thinking by exploring connections between legal philosophy and other disciplines, fostering a broader perspective that is valuable in addressing complex legal issues.
6. **Historical Context of Legal Thought:**
- Examines the historical development of legal thought, providing a context for understanding the evolution of legal principles and theories over time.
7. **Philosophical Foundations of Legal Systems:**
- Investigates how different philosophical traditions and schools of thought have influenced the development of legal systems, offering insight into the diversity of legal philosophies around the world.
8. **Legal Positivism vs. Natural Law Theory:**
- Explores the debates between legal positivism and natural law theory, helping students appreciate different perspectives on the nature and source of law.
9. **Concepts of Justice and Fairness:**
- Examines philosophical concepts of justice and fairness, contributing to a deeper understanding of the principles that guide legal decision-making and the development of just legal systems.
10. **Legal Interpretation and Hermeneutics:**
- Introduces students to the philosophy of legal interpretation, helping them understand the complexities involved in interpreting legal texts and applying legal principles.
11. **Rights and Liberties:**
- Explores philosophical foundations of rights and liberties, providing a theoretical basis for understanding the protection and limitations of individual rights within legal systems.
12. **Legal Realism and Critical Legal Studies:**
- Examines critical perspectives on the law, such as legal realism and critical legal studies, fostering a critical and reflective approach to the study and practice of law.
13. **Legal Morality and Public Policy:**
- Investigates the relationship between legal morality and public policy, helping students understand how moral considerations influence legal decision-making and policy development.
14. **Preparation for Ethical Legal Practice:**
- Contributes to the ethical education of legal professionals by delving into the philosophical foundations of legal ethics, preparing students for ethical challenges in their legal careers.
15. **Enhanced Communication Skills:**
- Improves communication skills by encouraging students to express complex philosophical ideas clearly and concisely, a skill that is transferable to legal writing and advocacy.
16. **Preparation for Advanced Legal Studies:**
- Provides a solid foundation for individuals considering advanced studies in legal philosophy, jurisprudence, or related fields.
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