DAL4PS01 Philosophy of Science and Legal Science

Faculty of Law
Spring 2024
Extent and Intensity
0/0/0. 7 credit(s). Type of Completion: k (colloquium).
Guaranteed by
doc. JUDr. Tomáš Sobek, Ph.D.
Contact Person: Tereza Buchalová
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
Every legal scientist should know what he wants to research and how he wants to research it. The course " Philosophy of Science and Legal Science" focuses on selected methodological schools of jurisprudence. This course will give a deep insight into the methodological plurality of jurisprudence. Close attention will be paid to so-called formalist theories of legal reasoning and their subsequent criticism. The main objective of this course is to develop the student's ability to ask the right questions about assumptions, objectives and consequences of various legal theories. Ultimately, students should also understand that there is no value-free jurisprudence.
Learning outcomes
Upon successful completion of the course, students will be able to: - know selected methodological schools of jurisprudence - apply these theories in legal argumentation - avoid methodological naivety - ask the right questions about legal theories - understand that there is no value-free jurisprudence
Syllabus
  • 1) Classification of jurisprudence (dogmatic vs critical; empirical vs analytical) 2) Legal methodology of the 19th century (exegetical school, historical school) 3) Criticism of legal formalism (jurisprudence of interests, free law school, American legal realism) 4) The methodology of the pure theory of law (Kelsen, Weyr) 5) Theories of the legal concept of evidence (Bentham, Wigmore) 6) Law and economics. Science or ideology?
Literature
    required literature
  • GORDLEY, J. The Jurists: A Critical History, Oxford 2014.
    recommended literature
  • DUXBURY, N. Patterns of American Jurisprudence, Clarendon Press 1997.
  • TAMANAHA, B. A Realistic Theory of Law, Cambridge 2017.
  • HAACK, S. Evidence Matters: Science, Proof, and Truth in the Law, Cambridge 2014.
  • KAPLOW L., SHAVELL S. Fairness versus Welfare, Harvard 2002.
  • KELSEN, H. Pure Theory of Law, The Lawbook Exchange, Ltd. 2009.
Teaching methods
reading, model applications of selected theories, class discussion
Assessment methods
an essay on a chosen topic
Language of instruction
English
The course is also listed under the following terms Spring 2020, Spring 2021, Spring 2022, Spring 2023, Spring 2025.
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