This seminar will focus on two (!) Legal schools of thought study: critical legal studies (including critical racial theory and critical jurisprudence on gender and status) and law and economics. We will read canonical and representative works of both schools, with particular attention to their mutual criticism. We will try to find out how this critique has influenced or should influence current legal research and teaching. Grades are based on participation in classes and a series of short assignments. A 3-credit option is available for students who write an additional 10-12 page paper in addition to the short answer assignment series and course attendance. After the 3rd century, juris prudentia became a more bureaucratic activity with few notable authors. It was used during the Eastern Roman Empire (5. It was from this cultural movement that Justinian`s Corpus Juris Civilis was born. In addition to the question „What is law?“, the philosophy of law also deals with normative or „evaluative“ legal theories.
What is the purpose or purpose of the law? What moral or political theories form the basis of law? What is the real function of law? What types of acts should be punished and what types of punishment should be allowed? What is justice? What are our rights? Is there a duty to obey the law? What is the value of the rule of law? Some of the different schools and leading thinkers are discussed below. Critical jurisprudence is a new theory of jurisprudence that has developed since the 1970s. The theory generally dates back to American legal realism and is considered „the first movement of legal theory and jurisprudence in the United States to represent an engaged left-wing political position and perspective.“ [54] It notes that the law is largely contradictory and can best be analyzed as an expression of the political objectives of a dominant social group. [55] This course provides an introduction to critical racial theory through the reading of standard works by critical racial scholars; It examines a selection of current legal debates from a critical racial perspective; And it contextualizes critical race theory by studying related movements in jurisprudence, including legal realism, critical legal studies, and social science research on discrimination and structural racism. We will attempt to discover how critical racial research has influenced or should influence legal research and law school pedagogy. The prerequisites for this course are thoughtful class participation and a final exam. In each of these areas, students first receive a law scholarship on the premises of interpreting in that field. We will then explore interpretive tools that can be used to solve the interpretation problems that arise in each area.
Among other things, students will be introduced to the methods used by linguists (including linguistic corpus analyses and survey methods). Each unit concludes with a practical problem that allows students to apply the theory and tools they have learned to analyze a hypothetical problem of the type that might arise in that area. Student achievement is assessed on the basis of class attendance and, more importantly, a case note, comment or amicus curiae letter on an issue involving an issue involving ambiguity in a public law provision. This is a shortened class that only meets on April 12, 13, 26, 27 and May 3, 4, 10, 11, 17 and 18. Sophisticated positivist and natural law theories are sometimes similar and may have some similarities. The identification of a particular theorist as a positivist or theorist of natural law sometimes involves questions of emphasis and degree and particular influences on the work of the theorist. Natural law theorists of the distant past, such as Thomas Aquinas and John Locke, made no distinction between analytical and normative jurisprudence, while modern natural law theorists such as John Finnis, who claim to be positivists, still hold that law is inherently moral. In his book Natural Law and Natural Rights (1980, 2011), John Finnis proposes a reformulation of the doctrine of natural law. [28] Based on different methodological orientations, the workshop examines issues at the interfaces of public law, legal theory and interdisciplinary work in law and social sciences with a focus on politics, legal history and legal theory.
The topics are therefore diverse, but for the first time, the autumn term will have a particular theme: police reform. The sessions are devoted to the presentation and discussion of papers by faculty members from other institutions. Students must register for the entire year and receive pass/fail credits. Students should read the articles, attend the workshop, ask questions, and ask questions in the online discussion forum. The public law workshop takes place alternately on Tuesday afternoons throughout the year. Students registering for the public law workshop should ensure that they do not intend to take any other Tuesday afternoon courses during a term of the year that overlap with the workshop. A number of feedback documents are needed for this workshop. Participation can be taken into account in the final ranking. The workshop will familiarize students with the „general jurisprudence“ work of the past five years, including some new and upcoming work.