Study-Unit Description

Study-Unit Description


CODE CVL1021

 
TITLE Philosophy of Law

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 6

 
DEPARTMENT Civil Law

 
DESCRIPTION Introductory Topics:

• Philosophy and Science, Philosophy of Law/Science of Law, Culture, Language.
• Methodology, Definitions, Analysis, Deduction, Induction, Classification.
• Types of Law: Divine/Eternal Law; Natural Law; Customary Law; Statutory Law; International Law.

Central Topics:

• Law – Dritt/Ligi. Law and Morals. ‘Is’ and ‘Ought’.
• Natural Law. Historical and Contemporary Approaches.
• Fundamental Rights and Liberties.
• Basic human goods – Life – Knowledge – Aesthetic experience.
• Friendship and Sociality – Play – Religion – Practical Reasonableness.
• The requirements of Practical Reasonableness.
• “The point of it all.”
• Values. Abortion. The Rule of Law.
• Justice. Equity.

Learning Outcomes:

On completion of this unit, students should:

• Have a knowledge of fundamental debates in legal philosophy concerning the definition of law and its relationship to custom, justice, morality and the common good;
• Have acquired an appreciation of the development of the Natural law school from antiquity to the present day and of its unique contribution to legal, social and political thought;
• Understand key theoretical concepts and approaches in legal studies, including the concept of the legal person, various approaches to legal interpretation and the idea of human rights;
• Be aware of the philosophical implications of legal debates and controversies surrounding such issues as capital punishment, abortion and euthanasia;
• Have developed their ability to reflect and think critically about important socio-legal questions.

Selected Bibliography:

• John Finnis “Natural Law and Natural Rights”
• Alessandro Levi “Natura e funzionedellaTeoriaGenerale del Diritto”
• John Finnis, 1983 “Fundamentals of Ethics” Georgetown University Press; 1 edition
• Michael Freeman, 2008 “Lloyd's Introduction to Jurisprudence (Paperback)” Sweet & Maxwell; 8th edition
• Jacques Maritain, 2001 “Natural Law: Reflections on Theory and Practice” St. Augustine's Press

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (3 Hours) Yes 100%

 
LECTURER/S Jean-Paul De Lucca (Co-ord.)
Giuseppe Mifsud Bonnici

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit