MP416Zk Philosophy of Law

Faculty of Law
Spring 2025
Extent and Intensity
2/1/0. 4 credit(s). Type of Completion: zk (examination).
In-person direct teaching
Teacher(s)
doc. JUDr. Martin Hapla, Ph.D. (lecturer)
doc. JUDr. Tomáš Sobek, Ph.D. (lecturer)
Mgr. Daniel Barták (assistant)
Aneta Cermanová (assistant)
Guaranteed by
doc. JUDr. Martin Hapla, Ph.D.
Department of Legal Theory – Faculty of Law
Contact Person: Tereza Buchalová
Supplier department: Department of Legal Theory – Faculty of Law
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
The capacity limit for the course is 260 student(s).
Current registration and enrolment status: enrolled: 0/260, only registered: 0/260, only registered with preference (fields directly associated with the programme): 0/260
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_) (2)
  • Law (programme PrF, M-PPV) (2)
Course objectives
The aim of the course is to introduce students to the basic knowledge of legal philosophy, its current approaches and main problems, as well as to provide a philosophical foundation of important concepts of key branches of law.
Learning outcomes
Upon passing the course, the student will be able to: - introduce and explain the main approaches of contemporary legal philosophy; - understand the strengths and weaknesses of these approaches; - explain and understand key concepts in legal philosophy (e.g. justice); - apply the theoretical ideas of legal philosophy to concrete problems that lawyers address in the making and application of law; - justify in discussion their own views, positions and solutions to specific cases.
Syllabus
  • - What is the legal philosophy? - Natural law theory - Legal positivism - Dworkin's philosophy of law - Legal non-positivism - Why should we obey the law? Legitimate authority and the social contract - Justice - The problem of unjust law - Philosophical foundations of the rule of law - Philosophy in private law: Why and when to respect contracts? Why and when to compensate for damages? - Philosophy in criminal law: Why and how to punish? Consequentialism vs. retributivism - Philosophy in international law: The nature of international law and the problem of sovereignty
Literature
    required literature
  • SOBEK, Tomáš, Martin HAPLA a kol. Filosofie práva. Brno: Nugis Finem Publishing, 2020.
    recommended literature
  • SOBEK, Tomáš. Právní myšlení: kritika moralismu. Praha: Ústav státu a práva AV ČR, 2011.
  • MURPHY, Mark C. Philosophy of Law: the Fundamentals. Malden: Blackwell Publishing, 2007.
  • HAPLA, Martin. Utilitarismus a filozofie lidských práv. Praha: Leges, 2022.
  • SIECKMANN, Jan-Reinard. Rechtsphilosophie. Tübingen: Mohr Siebeck, 2018.
  • WACKS, Raymond. Understanding Jurisprudence: an Introduction to Legal Theory. Oxford: Oxford University Press, 2015.
Teaching methods
Teaching takes the form of lectures and guided discussions on the application of theoretical knowledge to practical cases.
Assessment methods
Seminar activity assessment and written test.
Language of instruction
Czech
Further Comments
The course is taught annually.
The course is taught: every week.
The course is also listed under the following terms Spring 2013, Spring 2014, Spring 2015, Spring 2016, Spring 2017, Spring 2018, Spring 2019, Spring 2020, Spring 2021, Spring 2022, Spring 2023, Spring 2024.
  • Enrolment Statistics (Spring 2025, recent)
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