030348 KU Legal Realism and the Common Law (2008S)
Legal Realism and the Common Law
Continuous assessment of course work
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Vorbesprechung: März 08
Mai 08
Nähere Informationen: http://homepage.univie.ac.at/judith.schacherreiter
To which extent are dogmatic rules (analogy, argumentum e contrario etc) useful? Is the law really neutral or does it favour certain groups? Why do we distinguish between policy (Rechtpolitik) and legal dogmatics (Rechtsdogmatik)? What does it mean if someone speaks about an "efficient" or "inefficient" law?
This course gives a short introduction into common law approaches and is intended to broaden one¿s horizon in both theory and practice. It will focus on 20th century movements that have had an impact on contemporary legal thought and continue to shape today¿s law. The readings include legal realism, critical legal studies and law & economics. We will compare Austrian, English and United States decisions.
We will read and discuss articles of prominent law professors. Evaluation is based on class participation and a short "reaction paper", that is, students can choose one of the course¿s topics for a short paper as a response to one of the class readings. There will be no term papers (Hausarbeiten) and no exams.
For further information please see http://homepage.univie.ac.at/judith.schacherreiter
Mai 08
Nähere Informationen: http://homepage.univie.ac.at/judith.schacherreiter
To which extent are dogmatic rules (analogy, argumentum e contrario etc) useful? Is the law really neutral or does it favour certain groups? Why do we distinguish between policy (Rechtpolitik) and legal dogmatics (Rechtsdogmatik)? What does it mean if someone speaks about an "efficient" or "inefficient" law?
This course gives a short introduction into common law approaches and is intended to broaden one¿s horizon in both theory and practice. It will focus on 20th century movements that have had an impact on contemporary legal thought and continue to shape today¿s law. The readings include legal realism, critical legal studies and law & economics. We will compare Austrian, English and United States decisions.
We will read and discuss articles of prominent law professors. Evaluation is based on class participation and a short "reaction paper", that is, students can choose one of the course¿s topics for a short paper as a response to one of the class readings. There will be no term papers (Hausarbeiten) and no exams.
For further information please see http://homepage.univie.ac.at/judith.schacherreiter
Details
Information
Aims, contents and method of the course
Comparing the legal system of civil and common law countries; within the context of these differences discussing several theoretic approaches to law, in particular as to the relationship between law and politics.
Assessment and permitted materials
Minimum requirements and assessment criteria
Students shall question traditional ways of how law is presenting itself and get an insight into different ways of legal reasoning.
Examination topics
Writing an reaction paper,discussion based classes
Reading list
English and Austrian cases, Brian Leiter, Joseph William Singer, Duncan Kennedy, Steven Shavell, Anthony Kronman
Association in the course directory
Last modified: Fr 31.08.2018 08:47