Philosophy of Law

Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	61334
ECTS:	4.0
Course coordinators:	izv. prof. dr. sc. Luka Burazin
Lecturers:	izv. prof. dr. sc. Mario Krešić - Lectures

Literature:
Andrei Marmor; Philosophy of Law; Princeton University Press (2011), str. 1.-172
Optional literature:
Brian H. Bix; A Dictionary of Legal Theory; Oxford University Press (2004), str. 1.-227 Neil MacCormick; Institucije prava; Naklada Breza (2014), str. 1.-417 IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law, http://ivr-enc.info/index.php?title=Main_Page; , str Lawrence Solum; Legal Theory Lexicon, http://lsolum.typepad.com/legal_theory_lexicon/; , str Stanford Encyclopedia of Philosophy, http://plato.stanford.edu/; , str

Description:

The introductory part of the course provides students with the role and tasks of legal philosophy and looks into Hans Kelsen's attempt to present a "pure" theory of law and the reasons for its failure. The course goes on to analyse some of H.L.A. Hart's contributions to legal philosophy, especially his attempt to separate our understanding of law from the concept of sovereignty. The next topic of the course offers an analysis of the essential authoritative nature of law and attempts to reconcile it with Hart's conception of law as based on social rules. Thereafter, the course considers the contemporary versions of the substantive nondetachment view about the nature of law. It then presents the methodological variant of the nondetachment view. Finally, the course focuses on the role of language and interpretation in understanding the content of the law.

Cognitive Skills:

After having succesfully completed the course students will be able to:

explain the main role and tasks of legal philosophy;

describe and explain the essential features of law;

explain and interpret the concepts of legal validity and normativity of law;

apply different methodological approaches to legal-philosophical problems;

analyse, compare and critically evaluate different theoretical approaches to the issue of the nature of law.

Practical and Generic Skills:

After having successfully completed the course, students will increase:

1. ability to identify and summarise key facts and elements:

2. ability to systematically and coherently argument their standpoints;

3. ability of legal reasoning;

4. legal writing ability.

Matching Assessments to Learning Outcomes:

Learning outcomes are tested by an oral examination. Oral examination may be replaced by a preparation of seminar paper (approximately 15 pages).

Oral examination is graded with the grades Insufficient (1) - Excellent (5). Final grade is determined on the basis of the grade for oral examination or final seminar paper.

Consultations schedule:

izv. prof. dr. sc. Luka Burazin:
Mondays 9:00 am - 10:30 am, room 18, Gundulićeva 10 or, exceptionally, via GoogleMeet (meet.google.com/kwv-qxvn-iwu).
Location: Gundulićeva 10, room 18
izv. prof. dr. sc. Mario Krešić:

Wednesday at 10:00

Location: Gundulićeva 10, room 20