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ODEC 5020 - Foundations of legal philosophy

Type d'enseignement : Seminar

Semester : Autumn 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

None.

Course Description

This seminar intends to provide a detailed and interactive introduction to the major topics known as “legal philosophy," “legal theory” or “jurisprudence”. The law is a system of rules that correspond to moral, political or economic values, but they are expressed and applied by means of specific concepts and modes of argumentation, based on a great variety of philosophical premises that are most often hidden, such as the nature of law, its relation to morality, to the will of those who are in power, to force or to the needs of society. Students will become aware of the specificity of legal reasoning and the need to look for its philosophical basis. The seminar will take the form of discussions of both theoretical papers and particular legal issues.

Teachers

TROPER, Michel (Professeur des Universités)

Pedagogical format

Twelve sessions of 2 hours.

Course validation

One paper (4,000 words) + participation in the group's discussions.

Workload

One mandatory collective reading + several partial readings for each course.

Required reading

Kelsen, Hans, General Theory of Law and State, with a new introduction by A. Javier Treviño, New Brunswick, NJ: Transaction Publishers, 2006.