Theory and philosophy of law WP-PRZ-TiFP
The lecture on the theory and philosophy of law are discussed contemporary most relevant concepts of law: from the hard positivism and its evolution toward a Hart's soft positivism and the institutional positivism, by legal realism and theories of communication, antipositivist refturn in the form of Dworkin's institutional philosophy of law, philosophy of law by Gustav Radbruch to modern concepts of natural law on the example of John Finnis. In the second part are described different historical roots of contemporary concepts of law, beginning with the first reflection of the Sophists. The aim of the historical analysis is to identify the philosophical assumptions (philosophical anthropology, metaphysics, ethics) of those elements of modern concepts of law, which are essential for their shape and to understand a differences between them.
The next part is the analysis of the basic principles of the legal system: the principle of common good (with the analysis of the phenomenon of community), the pricniple of protection of human dignity (with an analysis of the characteristics of the person and their significance for the shape of the law and review of the controversy surrounding the recognition of man as a person) as well as principles of justice and equity. In the next part of the course shall be analyzed current trends in the application and law making and their assessments. At the end are discussed in detail the principles of exegesis of the legal text: rules of conflict, rules of interpretation and rules of inference, together with a detailed analysis of the conditions of their application.
(in Polish) Dyscyplina naukowa, do której odnoszą się efekty uczenia się
(in Polish) E-Learning
Term 2021/22_L: (in Polish) E-Learning (pełny kurs) z podziałem na grupy | Term 2023/24_Z: (in Polish) E-Learning (pełny kurs) z podziałem na grupy | Term 2020/21_L: (in Polish) E-Learning (pełny kurs) z podziałem na grupy | Term 2019/20_L: (in Polish) E-Learning | Term 2024/25_Z: (in Polish) E-Learning (pełny kurs) z podziałem na grupy |
(in Polish) Grupa przedmiotów ogólnouczenianych
Subject level
Learning outcome code/codes
Type of subject
Course coordinators
Term 2021/22_L: | Term 2024/25_Z: | Term 2020/21_L: | Term 2023/24_Z: | Term 2019/20_L: |
Learning outcomes
Learning outcomes in terms of knowledge (lecture):
EK1 characterizes characteristics of the various concepts of law
EK2 identifies and characterizes the genesis of the modern concepts of law
EK3 explains structure of principles of the legal system and their role in the law making and in the application of law
EK4 characterizes trends in the process of creation and application of the law
EK5 characterizes the rules of exegesis of the legal text
Learning outcomes in terms of skills (classes):
EK6 Analyzes and evaluates modern legal institutions in Poland and worldwide from the point of view of the different concepts of law and its objectives.
EK7 Performs analysis of theories on the law making, validity and application of law in terms of their relevance to contemporary socio-legal reality.
Learning outcomes in terms of competence (classes):
EK8 perceives relationship between legal and moral issues, and is focused on making ethical legal solution.
EK9 discuss using arguments in legal disputes concerning the hard cases borderline between law and morality.
EK10 is able to work in a group to develop a common opinion on the legal disputes in difficult matters , bordering on law and morality.
Description of credits:
participation in the lecture: 32 hours
reading literature before the lecture: 38 hours
preparation for the exam: 46 hours
Total: 100 hours (4 pts. ECTS)
participation in classes: 16 hours.
reading literature for classes, preparation of cases, arguments: 34 hours.
preparing to pass classes: 25 hours.
a total of 75 hours. (3 points ECTS).
Bibliography
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Term 2023/24_Z:
None |
Additional information
Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: