Study-Unit Description

Study-Unit Description


CODE MRT3010

 
TITLE Law and Catholic Social Teaching

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Moral Theology

 
DESCRIPTION The natural law tradition as "right reason" presupposes that all "reasonable" men and women of "goodwill" can be persuaded by its vision of human nature and flourishing, and in turn, that "civil laws" ought to defend these human "goods" and protect the innocent from "harms". A practical application of natural law reasoning is evident in the evolving tradition of Catholic Social Teachings that presents in detail the political, economic, and personal dimensions of the "good" human life in society, in light of the shifting cultural conditions mediated by new communication technologies, bio-technologies and ecological challenges. Hence, these "teachings" also suggest (but do not prescribe) possible concrete "civil laws" as instantiations of this vision of human dignity and flourishing in the particularity of our cultural situation. Yet this presupposition of the tight relation between civil laws ("law") and natural law ("morality") has been ceaselessly questioned in the classical debate in western jurisprudence between legal positivism and natural law legal theory.

Hence, the second part of the study-unit will debate whether it is the purpose of the law to defend the natural law vision of the human person and his/her flourishing, including through the possible appropriation of insights from the CST tradition; whether this position is defensible in the context of cultural pluralism; and how this relates to the question of the role of religion--and the Catholic Magisterium in particular--in the public sphere, and whether we can truly separate a "private" morality from a "public" law (in particular for laws deemed to be "immoral").

Study-unit Aims:

- To explore the complex social and political relationship between passing laws and negotiating among the (sometimes conflicting) values and morals of a people.
- To reflect on the purpose of the law as public service in a given society.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- present the tradition of Catholic Social Teaching as a reasonable depiction of human nature and flourishing.
- characterize the sometimes contentious relationship between law and ethics.
- distinguish among the philosophical issues involved, in particular the difficult task of negotiating among people's values.
- recognize more fully the effects that legislations have on a culture and the flourishing of a people.
- recognize the need for prudence in the art of citizenry and public participation and in particular in the task of legislating.
- apply their understanding to concrete cases/political dilemmas.

2. Skills:

By the end of the study-unit the student will be able to:
- demonstrate familiarity with the technique of philosophical argumentation.
- practice this dialectical technique in a manner that is thorough and lucid.
- present their philosophical arguments in a persuasive manner.
- practice prudential judgment (through the engaging with case studies).

Main Text/s and any supplementary readings:

- Pontifical Council for Justice and Peace, "Compendium of the Social Doctrine of the Church,"
http://www.vatican.va/roman_curia/pontifical_councils/justpeace/documents/rc_pc_justpeace_doc_20060526_compendio-dott-soc_en.html.
- Other classic CSD texts from vatican.va.
- H.L.A. Hart. The Concept of Law. 2nd Ed. Oxford, Clarendon Press, 1994.
- H.L.A. Hart. Law, Liberty and Morality. Stanford University Press, 1963.
- Patrick Devlin. The Enforcement of Morals. Oxford University Press, 1965, 1968.
- Joseph Raz. The Authority of Law: Essays on Law and Morality. Oxford, Clarendon Press, 1979.
- John Finnis, Natural Law & Natural Rights. 2nd. Ed. Oxford University Press, 2011.
- David Dyzenhaus, Sophia Reibetanz Moreau and Arthur Ripstein (Eds.). Law and Morality: Readings in Legal Philosophy. 3rd Ed. University of Toronto Press, 2007.
- Robert Alexy, The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press, 2002.
- Andrei Marmor, Law in the Age of Pluralism. Oxford University Press, 2007.

Seminal Articles:

- H. L. A. Hart. "Positivism and the Separation of Law and Morals". Harvard Law Review 71.4 (1958): 593–629.
- Lon L. Fuller. "Positivism and Fidelity to Law — A Reply to Professor Hart". Harvard Law Review 71.4 (1958): 630–672.

Other articles will be distributed to students.

 
ADDITIONAL NOTES Co-requisite Study-unit: The study-unit is NOT to be taken with MRT2030

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S

 

 
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