62-067 Philosophy of law
second cycle Master degree study programme Political Science
Course Supervisor: Assoc. Prof. Matjaž Nahtigal
Content
Content (Syllabus outline):
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