Universitat Internacional de Catalunya
Philosophy of Law
Other languages of instruction: Catalan
Teaching staff
Wednesday 12.00- 13.00pm
Introduction
The jurist is not a mere legal technician. In his practical work, he needs to have an in-depth knowledge of the problematic situation he has to resolve, the applicable regulations and the effects that his decision will produce in reality. The philosophy of law provides information on the ultimate foundation of law, on its root causes and its purpose. From this approach, the jurist can apply critical thinking to his own legal activity. In order to acquire this philosophical approach and this habit of critical thinking, we will first review the answers that philosophers in our tradition have given to the question of law and justice. Secondly, we will analyse the great contradictions faced by the jurist in his day-to-day work and, thirdly, the new challenges posed by society and the response given by the Law.
Competences/Learning outcomes of the degree programme
- 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)
- 04 - To turn in documents that have been formally and thoroughly prepared to high standards
- 08 - To develop mechanisms that facilitate the adoption of ethical commitments
- 09 - To develop mechanisms that favour sensitivity towards issues related to fundamental rights as well as respect for other cultures and customs
- 13 - To develop critical analysis skills
Syllabus
Introduction: Why Philosophy of Law?
T. 1. The Philosophy of Law in Antiquity
T. 2. The Philosophy of Law in the Middle Ages
T. 3. The Paradigm Shift of Modernity
T. 4. Philosophy of Law since the Modern Age
T. 5. From philosophy to jurisprudence
T. 6. The legal science of positivism and its derivatives
T. 7. Post-positivism.
T. 8. Law and justice. The new theories of justice
T. 9. Justice and Human Rights
T. 10. Legal anthropology and the meaning of law
T. 11. Law and postmodernity
T. 12. Law in the Digital Age: New Challenges
Teaching and learning activities
In person
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Classroom activities in order to follow up on students (both individual and in a group) | 03 08 09 |
| Presenting concepts and their practical application in the classroom | 13 |
| Student can study and work independently | 04 |
Evaluation systems and criteria
In person
1. Written mid-term exam on november 5.
There will be a partial exam. Passed exams will be averaged with the final exam. The contents seen in class up to the date of the exam will be examined.
2. Final oral exam
The final exam will be worth 7.5 points of the final grade.
3. Continuous assessment:
Continuous assessment will be obtained from small questionnaires that will be carried out each week on the subject taught. It will have a value of 0.5 points with respect to the final grade.
Remaining 2 points will be obtained:
Either by participating in the Curricular Solidarity Project.
Or, with the reading and oral commentary of two of these books:
Natalia Velilla, La crisis de la autoridad, Ed. Arpa 2023
Justicia: ¿Hacemos lo que debemos? de Michael Sandel.
Grégor Puppinck: Mi deseo es la ley, Ediciones Encuentro 2020.
In the first week students will opt for one of the two systems.
In case of choosing the readings, the first one can be discussed individually with the professor until October 30 as deadline. And the second one until December 15 as deadline.
*Continuous assessment will be taken into account in the second sitting.
Bibliography and resources
- Talavera, P. (2022). Filosofía del Derecho. Valencia: Tirant lo Blanch
- Michel Villey, Filosofía del Derecho , Scire Universitaria, 2ª edición, 2003..
- Jesús Ballesteros, Sobre el sentido del Derecho, Ed. Tecnos, Madrid, 1986.
- Javier Hervada, Historia de la ciencia del derecho natural, Ed. Eunsa, Pamplona 1999.
- Javier Hervada, Lecciones propedeúticas de Filosofía del Derecho, Ed. Eunsa, Pamplona, 1995.
- José María Rodriguez Paniagua, Historia del Pensamiento Jurídico, Tomo 1 y 2, 9ª ed., Ed. Univ.Complutense, Madrid, 1997.