PHILOSOPHY OF LAW

Course Information
TitleΦΙΛΟΣΟΦΙΑ ΤΟΥ ΔΙΚΑΙΟΥ / PHILOSOPHY OF LAW
CodeΕΛΕ66
FacultyLaw
SchoolLaw
Cycle / Level1st / Undergraduate
Teaching PeriodSpring
CoordinatorConstantin Stamatis
CommonNo
StatusActive
Course ID100001708

Programme of Study: UPS School of Law (2015-today)

Registered students: 61
OrientationAttendance TypeSemesterYearECTS
Unified OrientationElective Courses844

Class Information
Academic Year2018 – 2019
Class PeriodSpring
Faculty Instructors
Weekly Hours2
Class ID
600127049
Type of the Course
  • General Knowledge
  • Scientific Area
Course Category
Specific Foundation / Core
Mode of Delivery
  • Face to face
Digital Course Content
Language of Instruction
  • Greek (Instruction, Examination)
Prerequisites
General Prerequisites
elements of legal science
Learning Outcomes
In the 20th century, the field of philosophy of law experienced constant upheavals affecting both major legal traditions, the continental and the Anglo-Saxon analytical tradition. After the second world war, however intense, systematic and pregnant debates among Anglo-Saxon thinkers led analytical philosophy of law to set the very conceptual terms of philosophical debate even in countries of continental tradition. Philosophy of law came thus to have an unprecedented influence to legal practice, affecting arguments developed especially in front of constitutional courts or in the context of justifying legislative choices. However, the scope of this globalized dialogue remains largely inaccessible to young lawyers originating from continental legal systems, since quite often the curricula thereof focus on a sector-based material organized in rather outdated fashion. Thus, the main learning objectives of this course are: To introduce students to the developments in the philosophy of law, that have given it over the last 50 years such a dynamic role. To familiarise them with the technical terminology of recent discussions, making it possible for them to benefit as well to contribute in scientific research and dialogue that has developed internationally on such issues. To provide them with the conceptual equipment that will allow them to bridge in their thinking seemingly diverging traditions To allow them to gain an accurate understanding of the critical and leading role of the philosophical arguments for the legal practice, in particular through revealing the practical aspects of philosophy of law and its impact on the practitioners' reasoning. To demonstrate the moral and political challenges that inevitably conceal the legal controversies and to instill a sense of responsibility for one's own interpretive stance
General Competences
  • Make decisions
  • Work in teams
  • Generate new research ideas
  • Appreciate diversity and multiculturality
  • Demonstrate social, professional and ethical commitment and sensitivity to gender issues
  • Be critical and self-critical
  • Advance free, creative and causative thinking
Course Content (Syllabus)
The hinges around which presentations evolve is the attitudes adopted by contemporary legal philosophical trends on the key issue of the relationship between law and morality. The starting point is thus the consolidation of positivistic currents in the 19th century. The chapters articulated around this axis are: 1 The establishment of legal positivism: British utilitarian - the conceptualism of German romanists - the voluntarism of legal imperatives. 2. The antiformalist challenge of in-between-wars period: Turning to legal aims and interests – sociological institutionalism - social engineering - legal realism. 3 The recasting of positivism (Hans Kelsen, HLA Hart): confrontation with resurgent natural law trends and realism – taking distances from traditional positivism - devising descriptive "normativity" 4 The controversy about the judge's discretion and the nature of judicial activity: the Hart – Fuller debate- R. Dworkin's storming of positivism- the defensive attitude of soft positivism 5. The controversy about the nature and the bindingness of legal rules: a conflict within the positivist camp, HLA Hart, J. Raz, N.McCormick – R. Alexy's claim to correctness and continental antipositivism. 6 The increasing deviations from the positivist rule: economic analysis of law - theories and proportionality and value-weighting -radical skepticism (critical legal studies, theories of biopolitics).
Keywords
commands, sovereignty, rule, legal aims, interests, realism, free interpretation, decision, language og law, internal point of view, legal system, grundnorm, rule of recognition, human dignity, natural law, discretion, one right answer, principles, rights, practical reason, authority, economic analysis, value-weighing, biopolitics, law and litterature
Educational Material Types
  • Notes
  • Book
Use of Information and Communication Technologies
Use of ICT
  • Use of ICT in Communication with Students
Course Organization
ActivitiesWorkloadECTSIndividualTeamworkErasmus
Lectures702.8
Reading Assigment120.5
Written assigments180.7
Total1004
Student Assessment
Student Assessment methods
  • Written Assignment (Summative)
  • Performance / Staging (Formative)
Bibliography
Course Bibliography (Eudoxus)
"Bix Brian, Φιλοσοφία του δικαίου Κωδικός Βιβλίου στον Εύδοξο: 11833 1η έκδ./2007 ΕΚΔΟΣΕΙΣ ΚΡΙΤΙΚΗ ΑΕ
Additional bibliography for study
Ανδρέας Χ. Τάκης, Η ηθική αδιαφορία του νόμου. Νομικός θετικισμός και αναλυτική φιλοσοφία. Εκδ. Πόλις, Αθήνα 2006.
Last Update
21-07-2015