Objectives and competences
Philosophy and Theory of Law is the culminating course in legal studies, offering a synthesis of positive law and legal values. It enables lawyers to engage in self-reflection and to contemplate the most fundamental questions of law. The aim of the course is to develop in lawyers a sense of responsibility toward the law and the mission of the legal profession. The course also encourages the critical evaluation and re-evaluation of ideas about law formed through prior study.
Content (Syllabus outline)
• Introduction: the concept of the philosophy of law, its relationship to legal theory, its relationship to sociology of law, and its relationship to legal dogmatics.
• The development of philosophy of law: ancient Greece, ancient Rome, medieval philosophy, modern philosophy, developments after World War II, and new trends.
• The Concept and Origin of Law: Perspectives on the Concept of Law, Legal Concepts, Positive Law, Validity of Law, Fundamental Norm, Development of Law Throughout History.
• Natural law philosophy: ancient natural law philosophy, medieval natural law philosophy, modern natural law philosophy, the Renaissance of natural law, and modern natural law.
• Legal positivism: reasons for the decline of natural law, the historical school of law, early legal positivism, John Austin, Hans Kelsen, H. L. A. Hart, institutional legal positivism, legal realism.
• Synthesis of the concept of law: reasons for the decline of legal positivism, Ronald Dworkin, method-oriented approach, discursive theories of law, argumentative theory.
• Postmodernism: the postmodern approach to law, postmodern methodology, critical legal theory, feminist jurisprudence.
• Economic theory of law: the economic model of law, economic efficiency in law, game theory and law.
• The role of law in building a sustainable and just society: social justice, sustainable development of society, the role of postmodernism in achieving sustainable development of society and the green transition.
• Artificial intelligence and law: lex artificialis and human law, the difference between general and specialized artificial intelligence, the pitfalls of inductivism, ethical dimensions.
Learning and teaching methods
• lectures,
• seminars,
• tutorials.
Some tutorials are conducted in the traditional classroom setting, while others take the form of e-tutorials (e-tutorials may be conducted via videoconference or using e-materials specifically designed for this purpose in a virtual learning environment).
Intended learning outcomes - knowledge and understanding
Students acquire and demonstrate ability to think critically about fundamental issues in law. Such knowledge forms the foundation for both practical and theoretical engagement with law, as the multifaceted nature of law is revealed precisely in specific legal cases. The philosophy of law enables lawyers to critically reflect on law and its relationship to values, authority, and society. This fosters ethical responsibility, which is a necessary prerequisite for practicing law. Resolving sensitive legal issues always has a foundation in legal philosophy. The course also addresses fundamental questions regarding the role of law in shaping a sustainable and just society, as well as the relationship between human and artificial intelligence in legal decision-making and evaluation.
Intended learning outcomes - transferable/key skills and other attributes
Students demonstrate ability to understand the most demanding legal-philosophical texts, the ability to think analytically, to develop argumentative skills, and to express themselves orally and in writing at the highest level.
Readings
Temeljna literatura:
• Kaufmann Arthur (2013) Uvod v filozofijo prava, GV Založba, Ljubljana
Priporočljiva literatura:
• Radbruch Gustav (2007) Filozofija prava, GV Založba, Ljubljana
• Dworkin Ronald (2011) Izbrane razprave, GV Založba, Ljubljana
• Fuller Lon L. (2015) Moralnost prava, Ius Software – GV Založba, Ljubljana
• Pitamic Leonid (2019) Pravo in revolucija, Lexpera – GV Založba, Ljubljana
• Hart Herbert L. A. (2018) Dve razpravi o pravu in morali, Lexpera – GV Založba, Ljubljana
• Kelsen Hans (2016) Kaj je pravičnost?, Ius Software – GV Založba, Ljubljana
Prerequisits
Completed coursework is a prerequisite for taking the written exam.
Additional information on implementation and assessment Coursework - 10 %,
written exam - 90 %.
