| CODE | CVL1024 | ||||||||||||
| TITLE | Philosophy of Law | ||||||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||||||
| MQF LEVEL | 5 | ||||||||||||
| ECTS CREDITS | 6 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | Through a combination of theoretical, historical, thematic and practical approaches, this Unit introduces students to key concepts and major schools of thought in Legal Philosophy. Topics include the idea of law in relation to concepts such as ‘justice’, ‘morality’, ‘personality’, ‘authority’ and ‘obligation’. The Unit surveys classical and contemporary accounts of the natural law theory and legal positivism, Dworkin’s ‘third way’, and postmodern legal theories and movements such as Critical Legal Studies and Feminist Jurisprudence. Philosophical aspects of International Law and Human Rights, Anthropological Jurisprudence, and the relation between Law and Literature will also be addressed. The study-unit seeks to bring into focus the relation between legal theory and practice in decision-making, legislation and adjudication. The first part of the Unit (semester 1) will be lecture-based, while the second part (semester 2) will include a set of tutorials focusing on specific themes and skills, culminating in a Philosophy of Law Symposium at the end of the year. Study-unit Aims: The study-unit aims offer students the opportunity to engage meaningfully and critically with theoretical discussions on the nature of law and their practical implications and applications. It also aims to provide them with the opportunity to develop analytical and critical skills, research and organizational skills, teamwork, as well as oratory and presentation skills. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - identify and classify key theoretical concepts and approaches in legal philosophy; - demonstrate familiarity with major classical and contemporary legal theorists and schools of thought; - appraise the philosophical and theoretical foundations of law, legal studies, and various branches of legal practice; - connect the study and practice of law with other areas of human activity such as literature, science and politics. 2. Skills: By the end of the study-unit the student will be able to: - identify and reflect upon fundamental concepts in legal studies and practice; - read analytically and critically a broad selection of texts in legal philosophy; - engage in meaningful discussions on philosophical aspects of the law and their practical applications; - present well-studied and coherent arguments related to the topics covered in the unit; - work in a team in the preparation of a presentation on a theoretical or applied aspect of legal philosophy. Main Text/s and any supplementary readings: Main Texts: - Ratnapala, S., Jurisprudence. Cambridge: Cambridge University Press, 2009. - Tebbit, M., Philosophy of Law: An Introduction. 2nd edition. London and New York: Routledge, 2005. Supplementary Readings: (essential; will be made available through VLE) - Aquinas, Th. (St), Summa Theologica, pars I-II, qq. 90-95 - Dworkin, R., R. Dworkin, 'Law as interpretation', Critical Enquiry, 9 (1982), 179-200. - Finnis, J., 'On the incoherence of Legal Positivism', Notre Dame Law Review, 75:1 (2000), 1597-1611. - Fuller, L.L., 'Positivism and Fidelity to Law: A Reply to Professor Hart', Harvard Law Review, 71 (1958), 631-672. - Hart, H.L.A., 'Positivism and the Separation of Law and Morality', Harvard Law Review, 71 (1958), 593-629. - Raz, J., 'About Morality and the Nature of Law', American Journal of Jurisprudence, 48 (2003), 1-15. Other selected texts indicated/provided by the lecturers. Further Reading: - Dyzenhaus, D. et al. (eds), Law and Morality. Readings in Legal Philosophy. 3rd ed. Toronto: U. of Toronto Press, 2007. - Dworkin, R., Law’s Empire. Cambridge, MA: Harvard U.P., 1986. - Dworkin, R., Justice in Robes. Cambridge, MA: Harvard U.P., 2006. - Dworkin, R., Justice for Hedgehogs. Cambridge, MA: Harvard U.P., 2011. - Finnis, J., Natural Law and Natural Rights. 2nd ed. Oxford: Oxford U.P., 2011. - Finnis, J., Philosophy of Law. Collected Essays Vol. IV. Oxford: Oxford U.P., 2011. - Fuller, L.L., The Morality of Law. Revised ed. New Haven: Yale U.P., 1997. - Harris, J.W., Legal Philosophies. 2nd ed. Oxford: Oxford U.P., 1997. - Hart, H.L.A., The Concept of Law. 3rd ed. Oxford: Oxford U.P., 2012. - Kelsen, H, Introduction to the Problems of Legal Theory. Oxford: Clarendon Press, 1997. - McLeod, I., Legal Theory. 6th ed. London: Palgrave, 2012. - Minda, G., Postmodern Legal Movements: Law and Jurisprudence a Century’s End. New York-London: New York U.P., 1995. - Ward, I., Introduction to Critical Legal Theory. 2nd ed. London: Routledge, 2012. |
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| STUDY-UNIT TYPE | Lecture, Seminar and Tutorial | ||||||||||||
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| LECTURER/S | Jean-Paul De Lucca (Co-ord.) Andrew Muscat Keith Pisani |
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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. |
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