LEGAL METHODOLOGY

Understanding the Philosophical Nature of 1. 1. Legal, Ethical, and Political Issues: to develop a comprehensive understanding of the philosophical nature of legal, ethical, and political issues. This involves exploring the underlying principles and theories that shape these domains and the intricate relationships between them. Students will delve into the fundamental concepts, such as justice, equality, rights, and morality, and analyze their application within legal, ethical, and political contexts. By engaging in critical discussions, reading relevant texts, and examining case studies, students will develop a deep understanding of the philosophical foundations that guide decision-making in these areas. 2. Learning the Basic Categories and Methods of Legal Science and the Elements of the Most Influential Theories: equipping students with a solid grasp of the basic categories and methods of legal science, along with the elements of influential legal theories. Students will learn theories about the different branches of law, such as constitutional, criminal, administrative, and international law, and understand the distinctive features and functions of each. They will explore the various methods employed in legal analysis, including statutory interpretation, case law analysis, and legal reasoning. Additionally, students will study prominent legal theories, such as legal positivism, natural law theory, and legal realism, and critically assess their strengths, weaknesses, and implications. This goal aims to provide students with a comprehensive framework for understanding the complexities of the legal field. 3. Acquiring Autonomous Critical Thinking: cultivating autonomous critical thinking skills. Students will develop the ability to analyze and evaluate legal, ethical, and political issues independently, relying on evidence, logical reasoning, and ethical principles. They will learn to question assumptions, recognize biases, and consider multiple perspectives when engaging with complex problems. Through interactive discussions, debates, and collaborative projects, students will refine their analytical and argumentative skills, learning to construct well-reasoned and persuasive arguments. The goal is to foster intellectual independence and empower students to engage in critical inquiry and contribute to the ongoing discourse in legal, ethical, and political arenas. By focusing on these instructional goals, students will gain a comprehensive understanding of the philosophical nature of legal, ethical, and political issues. They will be equipped with the necessary tools to navigate the complexities of legal science, including its categories, methods, and influential theories. Moreover, students will develop autonomous critical thinking skills, enabling them to engage with these subjects thoughtfully, analytically, and ethically.

None.

Knowledge and Understanding: being able to demonstrate knowledge and understanding in the fields of study of legal theory and philosophy of law, and to include, whilst supported by advanced textbooks, some aspects that will be informed by knowledge of the forefront of the current debates in these fields of study. Applying Knowledge and Understanding: being able to apply knowledge and understanding in a manner that indicates a professional approach to their work or vocation, and having competences typically demonstrated through devising and sustaining arguments and solving problems within the relevant field of study. Making Judgements: showing the ability to gather and interpret relevant legal theories and arguments to inform judgements that include reflection on relevant social, scientific or ethical issues. Communication Skills: being able to communicate information, ideas, problems and solutions to both specialist and non-specialist audiences. Learning Skills: having developed those learning skills that are necessary to continue to undertake further legal study with a high degree of autonomy.

Jurisprudence. Legal Theories. Theories on Justice. Constitutional Theories. Legal Interpretative Theories.

1. 1. Wacks, R. (2020). Understanding Jurisprudence: An Introduction to Legal Theory (Sixth ed.). Oxford University Press. From p. 1 to p. 189, from p. 203 to p. 227, from p. 235 to p. 238, from p. 251 to p. 289, from p. 293 to p. 305, from p. 321 to p. 336 and from p. 341 to p. 356. 2. Rawls, J. (1996). Political Liberalism. Columbia University Press: Pp. xxxv–66, 133-150, 158-168, 212-254. 3. Ferrara, A. (2023). Sovereignty Across Generations. Constituent Power and Political Liberalism. Oxford University Press: Pp. 93-176, 247-282 4. Schupmann, B. A. (2017). Carl Schmitt’s State and Constitutional Theory. A Critical Analysis. Oxford University Press: Pp. 1- 30 (mandatory); and pp. 135–152 or 153–171 (optionally alternative). 5. Slides and papers shared on LuissLearn.

Induction (from the practical case to the philosophical issue) and active participation of the students to the academic debate.

Acquisition: lectures, podcasts and online quizzes Practice: guest speakers, case study and simulation Investigation: analyzing ideas and information in a range of materials and resources Collaboration: small group project, discussing others’ output and building joint output Discussion: seminars, group based class discussion, synchronous and asynchronous discussion Production: essays

The exam consists of a final oral interview, in which students must demonstrate their knowledge of the main categories of legal theory and the ability to used the tools of both legal and philosophical reasoning. There could also be forms of intermediate monitoring and verification of the learning ability of the participants in the course, through quizzes, teamwork and individual productions. However the attribution of the mark will only take place at the outcome of the final exam that will take place at the end of the course.