All programmes > Course: Philosophy of Law

Philosophy of Law (B-KUL-W0ED1A)

4.0 ECTS English 26.0 First termFirst term Basic
Raymaekers Bart
POC Philosophy (internationaal)

Aims

The course has 2 aims: it provides a general introduction into the main themes and authors and it is also an in-depth study of a special topic or an author in the field of philosophy of law.
At the end of the course, students should:
-  know the leading authors and themes in this area
-  be able to understand the relevance of philosophy of law in relation to legal practice or in relation to general themes in philosophy
-  be able to recognize the relation of philosophy of law to current debates in society

Previous knowledge

There are no specific requirements.  Students should have a  general knowledge of main philosophical positions and issues, especially in relation to modern and contemporary themes in philosophy. A useful introduction to the course is M. Tebbit, Philosophy of Law, London, Routledge, 2000, 196 p.

Content

Please see below under 'Activities'.

Course material

Articles and literature
Toledo / e-platform

Is also included in other courses

Activities

4.0 ects. Philosophy of Law (B-KUL-W0ED1a)

4.0 ECTS English 26.0 First termFirst term
Raymaekers Bart
POC Philosophy (internationaal)

Content

The course contains two parts:
1. general introduction into the main themes and issues in modern and contemporary philosophy of law;
2. study of a specific topic. Have been dealt with in recent years:
 

  • the problem of foundation in philosophy of law
  • overcoming the dichotomy between legal positivism and natural law theory
  • Gustav Radbruch and the revival of natural law
  • Neil  MacCormick's 'Institutions of Law'
  • Law and ethics from Hart's point of view
  • Martha Nussbaum's approach to law and legal cultur

During the academic year 2012-2013 the topic will be Hans Kelsen's Pure Theory of Law and Democracy. 
 

Description of learning activities

Students have to read relevant texts in advance and participate in discussions during the class. It is also recommended that students take notes.

Course material

The course material includes articles and literature and course notes, which will be indicated at the beginning of the course and which will be also available on Toledo. A useful introduction to the course is M. Tebbit, Philosophy of Law, London, Routlege, 20052, 196 p.

Evaluation

Evaluation : Philosophy of Law (B-KUL-W2ED1a)

Mode of evaluation : Oral with written preparation
Category : final examination during examination period
Type of evaluation : Closed book

Explanation

Examination description

The exam consists of two questions: (1) one question is related to the introductory part (course material: see documents: the chapters from M. Tebbit, Philosophy of Law and (2) one question is related to one of the texts read in the class (there will be a copy of the texts available at the exam, students do not have to bring their copies).

Second examination attempt

In each academic year the student is entitled to two examination attempts: the first attempt takes place in the first or second examination session, depending on the semester when the course is offered, the second attempt takes place in the third examination session.
In the third examination session the evaluation form is the same like the evaluation form in the first or second examination session.