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Principles of Law (B-KUL-C01F6A)

6 ECTSEnglishSecond termCannot be taken as part of an examination contract
N.
POC Rechten

Aims

Learning goals

Insight into the following normative and epistemological issues: the idea of law, the ‘positive’ character of law, the specific structure of legal norms as the outcomes of legal reasoning, the special status and methodology of law as an academic discipline, and the stakes of legal research . Students will link up their research with the rather abstract, but pertinent level of reflection in legal theory, they will gradually detect the presuppositions underlying their basic intuitions with regard to legal research and they will grow in legal scholarship by coherently arguing a principled position. It also works the other way around: they will gain insight into the specifically legal consequences and implications of jurisprudential vantage points.

Is included in these courses of study

Activities

6 ects. Principles of Law (B-KUL-C01F6a)

6 ECTSEnglishFormat: LectureSecond term
N.
POC Rechten

Content

This course looks into normative and epistemological questions regarding the following key-issues:
a. The idea of law (the ultimate perspective of legal norms, principles and values, the moral meaning of law, the sense and non-sense of natural law, human rights, etc.).
b. The ‘positive’ character of law (its roots in politics and its relation to authority, the problems of sovereignty and representation; instrumental and communicative conceptions of law; its intertwinement with social developments, etc.).
c. The specific structure of legal norms as the outcomes of legal reasoning (judgment as thought content and judging as thought process) and the object(s) of legal doctrine.
d. The special status and methodology of law as an academic discipline (in its relationship, on the one hand with other (social) sciences, such as sociology, economics, history, on the other hand with law enactment, legal decision making and law enforcement).
e. The stakes of legal research (creativity in legal research; what is it and how do we develop it?).
 
We are not going to ‘philosophise’. We want to see fundamental questions of law at work in specific areas of legal research, where, for instance, law has to face unexpected technological developments, where new domains of law are emerging, where we have to revisit old strongholds in order to gain new principles for legislation, where all of a sudden mathematics becomes important as probability theory kicks in and challenges the concept of risk in good old tort law doctrine. Here is where legal research becomes exciting, and as soon as it becomes exciting, philosophy is never far away, as philosophy is simply the excitement of thinking writ large. This is why this course is the product of collaboration between philosophers and lawyers, both from our own and from other law schools. Together we embark on the question how you deal with these ‘won’t go away questions’ if what you have to do is to write on a very specific topic of positive law.
 
Calendar
 
This course is taught on a seminar basis. The morning sessions are devoted to the topics a – e mentioned above, introduced by prof. Van Roermund and discussed from the individual research interests of students. The afternoon seminar is a discussion on the fundamental questions behind some specimen text of ‘positive’ legal research. In most cases we will be privileged to discuss this text with the author him- or herself. You will have to prepare all seminars by reading 20-30 pp of text. Sometimes you are required or recommended to read more, for instance to catch the context of the piece or to get a more profound insight. In the afternoon seminars, Van Roermund will give a short exposé of the fundamental issues behind the text in class, and invite a few respondents to give their views, in order to get the discussion started.

Course material

Mark Tebbit, Philosophy of Law. An Introduction. London and New York, Routledge, 2000, XI-196 pp., ISBN 0-415-13525-7.
Bert van Roermund a.o.., Notes and Readings on Foundations of Law, autumn semester 2006-2007 (with supplements).

Evaluation

Evaluation: Principles of Law (B-KUL-C21F6a)

Type : Continuous assessment without exam during the examination period

Explanation


Students have to write a 4000 words essay, to be discussed in individual session with the teacher. The teacher will publish a list of essay questions.