DAL1LT01 Legal Theory Classics

Faculty of Law
Autumn 2024
Extent and Intensity
0/0/0. 7 credit(s). Type of Completion: k (colloquium).
doc. JUDr. Tomáš Sobek, Ph.D. (lecturer)
doc. JUDr. Mgr. Martin Škop, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Tomáš Sobek, Ph.D.
Contact Person: Mgr. Vendula Strnadová
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The course "Legal Theory Classics" focuses on giving a detailed understanding of the central theories of general jurisprudence. Emphasis will be placed on the importance of contextual knowledge. Students will have the opportunity to become acquainted with the historical circumstances of these theories as well as their impact on the legal practice. The course will also deal with the primary sources of studied theories. In consequence, students get a realistic picture of their content without caricatures or simplifications. The main aim of the course is to teach students to work with classical texts of general jurisprudence with professional erudition and without prejudices.
Learning outcomes
Upon successful completion of the course, students will be able to: - know the main theories of general jurisprudence - know their historical circumstances and practical implications - use these theories in legal argumentation - apply methods of analytical jurisprudence - search for relevant textual sources - interpret these texts appropriately - analyze these texts critically but without prejudices
  • 1) Classical natural law theory (Thomas Aquinas) 2) Classical legal positivism (Bentham, Austin) 3) Modern legal positivism (Kelsen, Hart, Raz) 4) Revival of the natural law theory (Radbruch, Fuller, Finnis) 5) Theory of legal principles (Dworkin, Alexy) 6) Theory of justice (Aristotle, Rawls)
    recommended literature
  • FULLER, L. The Morality of Law: Revised Edition, Yale University Press (1969).
  • AUSTIN, J. The Province of Jurisprudence Determined (1832)
  • AQUINAS, T. Treatise on Law: Summa Theologica, Questions 90-97
  • BENTHAM, J. An Introduction to the Principles of Morals and Legislation (1780)
    not specified
  • HART, H. L. A. The Cocept of Law, Oxford 1961.
  • FINNIS, J. Natural Law and Natural Rights, Oxford 1980.
  • DWORKIN, R. Justice for Hedgehogs, Harvard 2011.
Teaching methods
reading, class discussion of text meaning
Assessment methods
an essay on a chosen topic
Language of instruction
The course is also listed under the following terms Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023.
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