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Lecturer(s)
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Sobek Tomáš, doc. JUDr. Ph.D.
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Melzer Filip, doc. JUDr. LL.M. Ph.D.
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Rosenkranzová Olga, JUDr. Ph.D.
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Osina Petr, JUDr. Ph.D.
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Course content
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Thematic areas: 1) Theory of natural law during the Enlightenment (Pufendorf, Kant) 2) English legal positivism 3) Historical school of law 4) School of legal exegesis, school of free law, interest jurisprudence 5) Legal realism (American, Scandinavian) 6) Pure legal doctrine
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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 first semester of the course is also the first semester that primarily focuses on enhancing students' knowledge of legal philosophy. In this first semester, the student is introduced to the major trends in legal philosophical thoughts of the 19th and the first half of the 20th century. The first area of study will focus on English legal positivism (Bentham, Austin), including its relationship to utilitarian ethics. Afterwards, the historical school of jurisprudence in Germany (Savigny, Puchta) will be discussed in relation to the so-called conceptual jurisprudence. Next, the course will briefly discuss the methodology of legal exegesis (France, Austria) in the context of civil codification. Subsequently, it will discuss in more depth the methodological trends that were critical of conceptual jurisprudence, namely, interest jurisprudence (Jhering, Heck) and the school of free law (Kantorowicz). It will then move smoothly to American legal realism (Llewellyn, Frank, Cohen), which it will also compare with Scandinavian legal realism (Hägerström, Olivecrona). Finally, the course will be devoted to normativism, not only to the Viennese pure doctrine of law, but also to the Brno normative school.
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 not contigent upon the successful completion of another cource.
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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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