| Course title | Philosophical and Methodological Foundations of Law IV |
|---|---|
| Course code | KTP/DFMZ4 |
| Organizational form of instruction | Lecture |
| Level of course | Doctoral |
| Year of study | not specified |
| Semester | Summer |
| Number of ECTS credits | 12 |
| Language of instruction | Czech |
| Status of course | Compulsory |
| Form of instruction | Face-to-face |
| Work placements | This is not an internship |
| Recommended optional programme components | None |
| Lecturer(s) |
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| Course content |
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First, the conclusions of the common law doctrine (e.g. Glück, Thibaut) and its influence on the doctrine in our legal environment (e.g. Zeiller, Schuster) will be discussed. Attention will also be paid to the approach of natural law (e.g. Wolff, Martini, Zeiller), and the so-called exegesis in our country in the period after the adoption of OZO. It will be followed by an explanation of the origins of the historical school of law (Savigny), which resulted in conceptual jurisprudence (e.g. Puchta, Windscheid); again the influence on our legal environment will be pointed out (e.g. Unger, Pfaff, Randa, Exner). Furthermore, directions that arose as a reaction to conceptual jurisprudence (interest jurisprudence, pure legal doctrine, school of free law, etc.) will be presented. Finally, the approach to the application of law in the period of socialist law will also be mentioned.
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| Learning activities and teaching methods |
| Monologic Lecture(Interpretation, Training) |
| 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 four-semester course, the first two semesters are focused on the development of knowledge in the field of legal philosophy, the other two are focused on the development of knowledge in the field of legal methodology. Legal methodology deals with the procedures in the application of law, especially in the interpretation of legal provisions. In other words, it deals with the admissibility of legal arguments in the application of law. The course is divided into two parts, a historical part and a part dealing with modern legal methodology. The historical part will provide an overview of the evolution of opinions on methods of application since the second half of the 18th century. Arguments used in legal discourse are characterized by extraordinary forms. Very frequently, arguments are used in legal practice that have their basis in long obsolete doctrines. In order to realise this fact, it is necessary to be familiar with the development of the various doctrines, their basic justifications and their criticisms. Particular emphasis will be given to the trends that have influenced the evolution of legal thinking in our country. The part dealing with modern legal methodology follows on from the teaching in the Master's programme. The scope of the course will not be a complex systematic interpretation of current legal methodology, but rather selected issues (e.g. the limits of judicial shaping of law), which will be closely analysed and discussed with students.
Development of knowledge in the field of legal philosophy and legal methodology. |
| Prerequisites |
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Completion of this course is conditional upon the completion of the courses Philosophical and Methodological Foundations of Law I., II. and III.
KTP/DFMZ1 and KTP/DFMZ2 and KTP/DFMZ3 |
| 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. |
| Recommended literature |
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| Study plans that include the course |
| Faculty | Study plan (Version) | Category of Branch/Specialization | Recommended semester | |
|---|---|---|---|---|
| Faculty: Faculty of Law | Study plan (Version): Private Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Criminal Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Constitutional Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): European and International Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Administrative Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Criminal Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): European and International Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Private Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Constitutional Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |
| Faculty: Faculty of Law | Study plan (Version): Administrative Law (2019) | Category: Law, legal and public administration proceeding | 2 | Recommended year of study:2, Recommended semester: Summer |