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380011 VO Legal Methods and the Conception of Law (2017W)

Major Developments in a Comparative Perspective

Details

Language: German, English

Examination dates

Lecturers

Classes (iCal) - next class is marked with N

registration to this course on moodle

Thursday 19.10. 11:00 - 13:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 09.11. 11:00 - 13:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 16.11. 11:00 - 13:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 23.11. 11:00 - 13:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 07.12. 11:00 - 14:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 14.12. 11:00 - 14:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 11.01. 11:00 - 14:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG
Thursday 18.01. 11:00 - 14:00 Hörsaal Rechtswissenschaften Schenkenstraße 8-10, 4.OG

Information

Aims, contents and method of the course

The lecture first attempts to explore the conditions under which legal methodology in continental Europe has developed a positivistic approach to the law which is thereby understood as a given object. This development will be contrasted with the common law tradition. Subsequently, continental legal methodology will be searched after possible approaches that allow for referring to principles of justice and thus to questions of legitimacy. Diverging conceptions of the legitimacy of the positive law can be revealed at the example of the concept of subjective (individual) right which has evolved differently in France and in the German speaking region. Finally, the relation between democratic law making and judicial protection of human and fundamental rights will be addressed.

Assessment and permitted materials

Course assessment can be delivered in English and consists of oral contributions in class and a final essay on a topic to be selected among several options.

Minimum requirements and assessment criteria

The lecture will basically be held in German. The material is mostly in German, for a smaller part in English, and will be put online. Course assessment can be delivered in English and consists of oral contributions in class and a final essay on a topic to be selected among several options.

Examination topics

Consists of oral contributions in class and a final essay on a topic to be selected among several options

Reading list

The lecture will basically be held in German. The material is mostly in German, for a smaller part in English, and will be put online. in moodle

Association in the course directory

Last modified: Mo 07.09.2020 15:46