Universitat Internacional de Catalunya
Introduction of Law
Other languages of instruction: Catalan
Teaching staff
Wednesday, from 12:00 PM untill 13:00 PM
Introduction
The course of Introduction to Legal Theory implies, first of all, a conceptual approach to what the idea of law represents. It is the student's first contact with the great philosophical questions that have surrounded and continue to surround law.
One of the main challenges of this subject is to familiarize the student with the legal vocabulary that will be found throughout the Law degree. This vocabulary will be essential for acquiring more specialized legal knowledge later on.
It examines key aspects of law such as its meaning, functions and purposes. The different perspectives from which law and justice are approached: natural law and positivism.
Transcendental aspects such as the triple dimension of law and its characteristics are addressed: the validity and effectiveness of legal rules and the difference with the value of the same. The relationship of law to other social factors such as power, economics, and politics.
We will examine each of the sources of law in detail. And, from a conceptual point of view, we will analyze the basic legal concepts such as: legal relationship, subjective right, legal obligation, crime, responsibility or sanction.
Pre-course requirements
No pre-requisites for this course.
Objectives
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To make a first approach to the legal reality, its sense and meaning.
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To familiarize the student with the basic components of a legal system: elements, concepts and institutions, functions...
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To acquire the basic legal vocabulary to face the study of the rest of the legal disciplines.
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To reflect on the differences and relationships between Law, Justice and Law.
Competences/Learning outcomes of the degree programme
- 01 - To acquire the ability to understand main ideas and participate in conferences or professor led lectures in their academic context.
- 02 - To acquire the ability to understand, analyse and synthesise
- 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
- 09 - To develop mechanisms that favour sensitivity towards issues related to fundamental rights as well as respect for other cultures and customs
- 14 - To be aware of the importance of the Law as a regulatory system for social relationships
- 16 - To be able to use constitutional principles and values as work tools when interpreting the legal system
- 18 - To understand the different ways of creating Law within its historical evolution as well as its current state
Learning outcomes of the subject
- To know and understand the fundamental concepts in law.
- To have acquired the vocabulary and legal culture necessary for study and legal material.
- To know and understand the differnt concepts of law and justice.
- To have acquired basic knowledge on standard theories.
- To identify the main agents that participate in the elaboration, interpretation and application of law.
- To have acquired skills for oral and written communication.
- To have acquired the ability to analyse and sythesise information received in class and from the material provided by the professor.
- To be able to work autonomously and be able to plan and organise one's own learning.
- To have acquired the skills that foster reading comprehension.
- To use basic legal terminology accurately.
- To have developed habits for neatness in one's presentations and documents.
Syllabus
T. 1 Introduction
T. 2 The Concept of Law
T. 3 Law and Other Normative Orders
T. 4 Law and society
T. 5 The Person and the Law
T. 6 Basic legal concepts I: Legal relation, subjective right, legal act, legal transaction, contract.
T. 7 Basic Legal Concepts II: Legal Duty, Liability, Unlawfulness, Crime, Sanction, Coercion.
T. 8 Legal regulation, its structure and classification.
T. 9 The legal system and its characteristics
T. 10 Interpretation of Law: Classes, theories, and problems of interpretation
T. 11 Legal principles and legal values
T. 12 Human Rights
Teaching and learning activities
In person
For the development of the first block, in the classroom we will have, together with the lectures, the analysis of the basic concepts through the realization of basic exercises. A comprehensive reading of a text will be carried out, which will be exposed and commented with the teacher.
Outside the classroom, the student will study the essential legal vocabulary, prepare exercises of reflection and understanding of concepts.
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Presentación en el aula de los conceptos y su aplicación práctica | 01 14 18 |
| Actividades en el aula para el seguimiento de los alumnos (individual y en grupo) | 02 03 09 16 |
| Estudio y trabajo independiente del alumno | 02 03 11 16 18 |
| Tutorías | 02 |
Evaluation systems and criteria
In person
The evaluation system of the course will be as follows:
1. Written midterm exam on October 30.
There will be a partial exam. The exams passed will average with the final exam. The exam will be based on the contents seen in class up to the date of the exam.
2. Final written exam
The final exam will be worth 7 points of the final grade.
3. Continuous evaluation.
There will be a comprehensive reading of the book: ¿Qué es el derecho? by Javier Hervada. It will be worth 2 points of the final grade. Students will have to discuss the book individually with the teacher (requesting an appointment by e-mail).
Chapters I-V (p.1-105), can be commented until October 20th as deadline.
Chapters VI-X (p.105- 208), can be commented until December 15th.
The remaining point will be obtained from class attendance, which will be checked with small tests that will be taken randomly and with the first vocabulary test on September 27, 2024.
*Continuous evaluation will be taken into account in the second call.
NOTE: Following the initiative of some of the most prestigious universities in the world, the use of computers and cell phones will not be allowed in the Introduction classes.
Bibliography and resources
AAVV, Introducción a la Teoría del Derecho, 3ª ed., Tirant lo Blanch, Valencia, 1997. Cortés Pacheco, C., Introducción al Derecho, parte gneral y parte especial, Dykinson 2015. OLLERO, A., El Derecho en Teoría. Perplejidades jurídicas para crédulos. Thomson-Aranzadi, Cizur Menor, 2007. MARTÍNEZ MORÁN, N.: Teoría del Derecho. Universitas, Madrid, 2017. GARCÍA AMADO, J.A., Teoría del Derecho. Una introducción, León, Ediciones Eolas, 2023. Supplementary bibliography:
Javier Hervada, Introducción crítica al Derecho natural. Eunsa 1999.
Paloma Durán, Notas de Teoría del Derecho. Universitat Jaume I, 2002 Javier Hervada. ¿Qué es el Derecho?, Eunsa