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THEORY OF LAW
This first year of Law formative course is an introduction to a Legal Philosophical approach to the Law and the Legal Practice.
General Competences (CG)
Specific Competences (CE)
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• Providing students with conceptual, methodological and normative tools for them to approach problems involved in questions on Law and the Legal practice such as What is Law? What is it for? What is the legal claim to correctness? When is obedience to Law justified? What is its relation to the problem on the justificatory character of legal norms?
For these purposes, students will, particularly, receive training in intellectual virtues rigour, etc) and three fundamental dimensions of Law: Law as fact (sociological approach), Law as Norm (structural and argumentative approach), Law as Value (Law and Ethics).
• Providing the students with the necessary elements to construct a picture of the Law as a goals and values oriented rational project. Here we need to overcome a purely instrumental vision of the Law as well as an ideological one.
• Familiarizing students with the notion of Justice and its analyses in terms of fundamental legal values such as: freedom, equality, and security.
• Making students aware of the relevance of the notion of “human rights” in the current legal culture and in the interpretation of Law as well as in adjudication in Constitutional Democracies. An approach to the notion of “human rights” and their ethical groundings.
• Providing students with the basic elements for a sociological perspective on Law.
• Providing students with a deeper understanding of the Law by helping them to understand different conceptions on it (Natural Law approach, conceptual positivism, ideological positivism) as well as to provide them with a conception of Law that is relevant for the legal practice.
• Helping students to learn to elaborate critical reflection and use Law, notably legal argumentation, as an instrument for the implementation of human rights.
