MP113Zk Theory of Law I

Faculty of Law
Autumn 2025
Extent and Intensity
2/2/0. 5 credit(s). Type of Completion: zk (examination).
In-person direct teaching
Teacher(s)
Mgr. Ing. John Altair Gealfow, Ph.D. (lecturer)
JUDr. Lukáš Hlouch, Ph.D. (lecturer)
JUDr. Michal Malaník, Ph.D. (lecturer)
prof. JUDr. Radim Polčák, Ph.D. (lecturer)
JUDr. Bc. Terezie Smejkalová, Ph.D. (lecturer)
doc. JUDr. Mgr. Martin Škop, Ph.D. (lecturer)
JUDr. Bc. Markéta Štěpáníková, Ph.D. (lecturer)
Mgr. Bc. Linda Tvrdíková, Ph.D. (lecturer)
JUDr. PhDr. Jakub Valc, Ph.D., LL.M. (lecturer)
prof. JUDr. PhDr. Miloš Večeřa, CSc. (lecturer)
Mgr. Michal Vosinek (lecturer)
JUDr. Michal Malaník, Ph.D. (seminar tutor)
JUDr. Bc. Terezie Smejkalová, Ph.D. (seminar tutor)
doc. JUDr. Mgr. Martin Škop, Ph.D. (seminar tutor)
Mgr. Dennis Wassouf (seminar tutor)
Guaranteed by
doc. JUDr. Mgr. Martin Škop, Ph.D.
Department of Legal Theory – Faculty of Law
Contact Person: Tereza Buchalová
Supplier department: Department of Legal Theory – Faculty of Law
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
  • Law (programme PrF, PR_) (2)
  • Law (programme PrF, M-PPV) (2)
Course objectives
The course Theory of Law I (Concepts and Structure) leads students to understand the system of current positive law, the organizing mechanisms and rules in the legal system, and the ability to understand and apply the concepts on which the legal system (legal order) is built. The course offers general (meta) premises, schemes and rules representing the so-called lex generalis to other legal disciplines so that they can define and define their conceptual apparatus and structural context as lex specialis.
Learning outcomes
After successful completion of the course: understands legal concepts mutual to the legal system, institutes and principles; interprets legal regulations; analyzes the legal system and its functions; categorizes the body of knowledge necessary for the study of positive legal subjects; uses general legal terminology; masters the basics of legal thinking and working with legal texts.
Syllabus
Concept, nature and function of law, the system of law, the system of legal science. Sources of law. Legal norm, concept, structure and elements. Classification of legal norms and their characteristics. The applicability of legal norms. Interpretation of law. Forms of implementation of legal norms, the concept of the legal relation. Legal facts as prerequisites for a legal relation. Subjects, objects and content of a legal relationship. Application of law. Legal responsibility. The rule of law as an expression of the relationship between the state and law. The main methodological approaches to law. The operation of law in society, law and values, and the legitimacy of law.
Literature
    required literature
  • Průvodce v interaktivní osnově.
  • HARVÁNEK, Jaromír. Právní teorie (Legal theory). 1st ed. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, s.r.o., 2013, 439 pp. Právo. ISBN 978-80-7380-458-9. info
Teaching methods
Teaching/Learning takes the form of lectures and seminars. Lectures emphasize the theoretical preparation of students. Lectures are followed by seminar exercises focused on the practical application of the acquired knowledge, including understanding fundamental categories, relationships and legal thinking. In the seminar groups, students will solve model situations and discuss the possibilities of applying theoretical and meta-concepts to practical examples (including court decisions). Seminar classes deepen the learning: understanding the material by further explanation and searching for the meaning of particular divisions or limitations necessary for law. It serves to enable learners to come to an understanding of the various parts of legal theory through their reflections and by discovering the multiple elements of law. This is also done by analyzing some court decisions (in particular, finding out why the court decided in a specific way and the meaning of the decision) and solving practical (concrete; model) examples. Self-study and study of the required literature are also part of the teaching methods.
Assessment methods
The prerequisite for admission to the exam (apart from attendance at compulsory seminars) is the completion of a seminar paper, the details of which are described in the interactive syllabus. The seminar paper aims to prepare students for the essay, which is part of the exam and tests their ability to use theoretical terms and concepts independently. The objectives thus focus on understanding, application, analysis, and evaluation: students are expected to demonstrate the use of legal theory terms, describe concepts and elements, identify the place of elements in the systematics of legal thinking, express legal theory concepts, and communicate the content of terms in their own words; demonstrate concepts of legal theory using practical examples (court decisions), interpret concepts, generalize knowledge from examples, describe relationships between concepts, and apply them in solving examples; identify relationships between concepts of legal theory, analyze and determine connections, categorize areas of legal theory, and discuss concepts using a selected example (court decision); assess the correctness of the use of theoretical concepts, compare practical outcomes with theoretical definitions, and justify any deviations and similarities. Another condition for completing the seminar part of the course and gaining access to the exam is passing a simple machine-graded test consisting of five questions (multiple correct answers are possible, any answer may be correct. It is necessary to successfully answer 60% of the questions). The test aims to determine whether students remember legal theory terms and concepts and can define the terms used, list their elements and conditions, and identify their characteristics. The exam consists of a test of theoretical knowledge and an essay (final paper). The first part (theoretical knowledge test) consists of answering five open-ended questions, i.e., questions that must be answered in your own words, not in a single sentence, but with a logically connected explanation that relates exclusively to the questions asked. The answer must not only be factually correct but must also make logical and linguistic sense. It is necessary to answer the question in full, including any sub-questions (the answers to these are part of the assessment). The aim is to determine the candidate's ability to remember, understand, and apply the content of the legal theory covered. Discussions in seminars and answering questions asked are the main means of preparation for this part of the exam. The second part focuses on writing an essay, the essence of which is the theoretical definition of selected legal concepts, institutions, or problems, using exclusively professional sources and their application to a practical example. The aim is to assess the student's ability to apply, analyze, and evaluate theoretical concepts in practical contexts. Seminar papers are the primary means of preparation for this part of the exam. The test lasts 20 minutes. Each question is worth 0-4 points. The essay writing time is 45 minutes. A maximum of 30 points can be obtained for the essay. The final grade will be the sum of the points obtained from both parts. (50-47 A; 46-43 B; 42-39 C; 38-35 D; 34-30 E; 29-0 F)
Language of instruction
Czech
Further comments (probably available only in Czech)
The course is taught annually.
The course is taught every week.
Listed among pre-requisites of other courses

Zobrazit další předměty

Teacher's information
The condition for admission to the exam for students with an ISP is to complete two seminar papers (the conditions are specified in the interactive syllabus). Students are also required to pass a test, but within the specified deadline (in person at the Faculty of Law, Masaryk University). The exam conditions remain unchanged. Regular consultations are recommended.
The course is also listed under the following terms Autumn 2005, Autumn 2006, Autumn 2007, Autumn 2008, Autumn 2009, Autumn 2010, Autumn 2011, Autumn 2012, Autumn 2013, Autumn 2014, Autumn 2015, Autumn 2016, Autumn 2017, Autumn 2018, Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2025, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2025/MP113Zk