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Lecturer(s)
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Rosenkranzová Olga, JUDr. Ph.D.
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Sobek Tomáš, doc. JUDr. Ph.D.
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Osina Petr, JUDr. Ph.D.
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Kohajda Michael, doc. JUDr. Ph.D.
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Bobek Michal, Mgr.
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Course content
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Thematic areas: 1) Theory of constitutional law in the Weimar Republic 2) Jurisprudence in totalitarian regimes (Nazism, Communism) 3) Post-war criticism of legal positivism (Radbruch, Fuller) 4) Herbert Hart vs. Ronald Dworkin 5) New Theory of Natural Law (Finnis) 6) Discursive theory of law (Habermas, Alexy)
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course is included in the first pillar of the study programme, which focuses primarily on the development of the student's theoretical knowledge. The course is designed as a three-semester course, the first two semesters are focused on the development of knowledge in the field of legal philosophy, the third is focused on the development of knowledge in the field of legal methodology. The second semester of the course completes the enhancement of theoretical knowledge in the area of legal philosophy. First, the course will focus on the theories of statecraft or constitutional law in the Weimar Republic (Kelsen, Schmitt, Heller). It will then cover the nature of collectivist ideology and legal science in totalitarian regimes (Nazism, Communism). It will then follow up with a post-war reflection on so-called legal injustice (Radbruch, Fuller). It will then turn to Hart's positivist theory of law. He will also thoroughly discuss Dworkin's critical reaction, including his theory of legal principles. It will then briefly outline the current trends in natural law theory, focusing in more detail on Finnis's theory. Finally, it will focus on the so-called discursive theory of law (Habermas, Apel, Alexy), including critical reflection in current legal and political philosophy. An important condition for completing this course is the continuous submission of written assignments as instructed by the teachers by the given deadline and their approval by the teacher of the course.
Development of knowledge in the field of legal philosophy and legal methodology.
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Prerequisites
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Completion of this course is conditional upon the completion of the courses Philosophical and Methodological Foundations of Law I.
KTP/RFMZ1
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Assessment methods and criteria
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Written exam
The student meets the teacher as part of the direct teaching of lectures and at least two personal consultations, during which the student is obliged to consult the knowledge gained through self-study of the publications assigned to him by the teacher. The student is entitled to consult with the teacher also via e-mail correspondence, if the question is suitable for such a form of correspondence. A full-time student is required to attend 80% of the subject's lectures. A student of the combined form is obliged to attend at least 30% of the lectures and two consultations with the lecturer.
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Recommended literature
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Broulík, J., Bartošek, J. (2015). Ekonomický přístup k právu. Praha.
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Colotka, P., Káčer, M., Berdisová, L. (2016). Právna filozofia dvadsatieho storočia. Praha.
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Dworkin, R. (2001). Když se práva berou vážně. Praha.
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Fuller, L. L. (1998). Morálka práva. Oikoymenh, Praha.
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Hart, H.L.A. (2004). Pojem práva. 1. vydání. Praha, Prostor.
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Sobek, T. (2011). Právní myšlení. Kritika moralismu. Plzeň.
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Sobek, T. (2016). Právní rozum a morální cit. Praha.
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