Philosophy of law

62-067  Philosophy of law

second cycle Master degree study programme Political Science

Course Supervisor: Assoc. Prof. Matjaž Nahtigal

  Content

The concept of law:

  • The concept of law between norm and coercion
  • Legitimation and limination of state authority
  • Violentia in potestas

The law and freedom (I. Kant, G.W.F. Hegel)

  • The delimitation of law and moral
  • Internal and external legislation
  • The deduction of authorisation for coercion
  • Abstract and speculative understanding of freedom
  • Law and recognition
  • Law and injustice
  • Justification of punishment

The law and non-freedom (J.J.Rousseau, K. Marx)

  • The law as the legitimation of inequality
  • Social contract
  • Alienation
  • Citizen society and the state
  • Law and ideology
  • Human emancipation
  • The concept of ownership

The law as form (J. Austin, H. Kelsen, H.L.A. Hart)

  • Law as science
  • Law between justice and order
  • The problem of separating between the legislator and the wrongdoer
  • Law as norm
  • The use and emergence of law
  • The hierarchy of powers
  • Fundamental norm
  • Primary and secondary rules

Law and post-modern period (R. Dworkin)

  • The decline of the idea of system
  • Rule and principle
  • The meaning of interpretation for law
  • Empirical and theoretical conflict
  • The idea of Hercules
  • Law as integrity

Social Media

Index