|
|
Main menu for Browse IS/STAG
Course info
KTP / TPDZ
:
Course description
Department/Unit / Abbreviation
|
KTP
/
TPDZ
|
Academic Year
|
2023/2024
|
Academic Year
|
2023/2024
|
Title
|
Theory of Law
|
Form of course completion
|
Comprehensive Exams
|
Form of course completion
|
Comprehensive Exams
|
Accredited / Credits
|
Yes,
0
Cred.
|
Type of completion
|
-
|
Type of completion
|
-
|
Time requirements
|
|
Course credit prior to examination
|
No
|
Course credit prior to examination
|
No
|
Automatic acceptance of credit before examination
|
Yes in the case of a previous evaluation 4 nebo nic.
|
Included in study average
|
YES
|
Language of instruction
|
Czech
|
Occ/max
|
|
|
|
Automatic acceptance of credit before examination
|
Yes in the case of a previous evaluation 4 nebo nic.
|
Summer semester
|
0 / -
|
0 / -
|
0 / -
|
Included in study average
|
YES
|
Winter semester
|
264 / -
|
0 / -
|
0 / -
|
Repeated registration
|
NO
|
Repeated registration
|
NO
|
Timetable
|
Yes
|
Semester taught
|
Winter + Summer
|
Semester taught
|
Winter + Summer
|
Minimum (B + C) students
|
1
|
Optional course |
No
|
Optional course
|
No
|
Language of instruction
|
Czech
|
Internship duration
|
0
|
No. of hours of on-premise lessons |
|
Evaluation scale |
1|2|3|4 |
Periodicity |
každý rok
|
Periodicita upřesnění |
|
Fundamental theoretical course |
No
|
Fundamental course |
Yes
|
Fundamental theoretical course |
No
|
Evaluation scale |
1|2|3|4 |
Substituted course
|
KTP/TPSZ
|
Preclusive courses
|
KTP/TPSZ
|
Prerequisite courses
|
N/A
|
Informally recommended courses
|
N/A
|
Courses depending on this Course
|
N/A
|
Histogram of students' grades over the years:
Graphic PNG
,
XLS
|
Course objectives:
|
To provide students with a necessary knowledge as far as fundamentals of the theory of law and the history of the philosophy are concerned. Check the students ability of legal reasoning and skillful application of legal concepts.
|
Requirements on student
|
Comprehensive exam after the third semester
|
Content
|
The list of exam questions is made public on the internet pages of the faculty of law.
1. The concept of law, the function of law. Right, objective and subjective. Legal positivism of the 19th century and the first half of the 20th century (French school of exegesis, German historical school, English analytic positivism, normativism). 2. Legal norm, concept, general and specific features of legal norms, their structure. Legal language - characteristics and features of legal terminology. 3. Types of legal standards. Ancient legal philosophy (Plato, Aristotle, Augustine). 4. Material, personal, spatial and temporal scope of legal standards. Retroactivity in law. Legal positivism and natural law in the 20th century (Radbruch, Hart, Fuller, Dworkin, Rawls). 5. Creating legal norms (conventional, consensual and imperative form of legal norms). Modern Legal Philosophy 1 (Grotius, Hobbes, Locke). 6. Legal order (concept, structure). Principle of legal force. Trust in law. Legal certainty, principle of acquired rights, legality. 7. Legislation as a source of law. Medieval Legal Philosophy (Aquinas). 8. Judicial precedent as a source of law. Sociological trends in legal science (Weber, Ehrlich, Pospíšil). 9. Law Entities. Types of eligibility. The predecessors of the Modern Age (Dante, Valla, Bruni, Erasmus, Machiavelli, Bodin). 10. Private and public law, material and procedural. The doctrine of the rule of law and its historical development. (Rechtsstaat and rule of law). Formal and material rule of law. 11. Concept and sources of international law, the relationship between national and international law. The concept of human rights and the development of the concept of human rights. 12. Methods of interpreting a legal text. (linguistic, logical, systematic, teleological, historical etc.) Text, intent and purpose in interpretation. Law and morality, other normative systems in society and their relationship to law. 13. Types of interpretation by interpreting bodies. Differentiation of the relevance and significance of the results of the interpretation. Czech legal and philosophical thinking (Hus, Chelčický, Komenský, Bolzano). 14. EU law and its breakdown. Continental legal culture. 15. Subjective rights and legal obligations - concept, types (absolute and relative). Basic legal principles (legal principles) in contemporary law. 16. Legal relationship and its elements, creation, change and termination of legal relationship (ex lege and on the basis of so-called legal facts). Types of legal facts. Traditional and Religious Legal Systems - Islamic Law. 17. The concept of legal liability. Subjective and objective legal responsibility. Problem of fault. State as a concept, relationship of the state and law. Competence, competence, jurisdiction. 18. Legal protection of subjective rights, the importance of judicial protection, other legal protection entities, self-help, legal assistance in the protection of rights. Law and justice - compensatory (corrective, diorthotic), distributive (social), retributive, procedural. 19. Application of legal norms (concept, stages of the application process, law enforcement actions). Basic differences between different types of application of legal norms. Equality and Discrimination, Freedom (Positive and Negative). 20. Modern Legal Philosophy 2 (Montesquieu, Rousseau, Kant) Anglo-American legal culture.
|
Activities
|
|
Fields of study
|
|
Guarantors and lecturers
|
|
Literature
|
-
Basic:
Knapp, Viktor. Teorie práva. 1. vydání. Plzeň : ZČU, 1994. ISBN 80-7082-140-X.
-
Extending:
Gerloch, Aleš; Hungr, Pavel; Zoubek, Vladimír. Základy teorie práva a právního státu. 4.vyd. Praha : Policejní akademie ČR, 1997. ISBN 80-85981-59-9.
-
Recommended:
Holländer, Pavel. Filosofie práva. 1. vyd. Plzeň : Aleš Čeněk, 2006. ISBN 80-86898-96-2.
-
Recommended:
Holländer,Pavel. Nástin filozofie práva.
-
Recommended:
Hungr, Pavel. Právní filozofie : (Vybrané problémy pro 9. semestr). 1. vyd. Brno : Masarykova univerzita, 1993. ISBN 80-210-0615-3.
-
Recommended:
Gerloch, Aleš. Teorie práva. 1. vyd. Dobrá Voda : Aleš Čeněk, 2000. ISBN 80-86473-01-5.
-
On-line library catalogues
|
Prerequisites
|
Knowledge - students are expected to possess the following knowledge before the course commences to finish it successfully: |
Knowledge interpretation of a legal regulations and legal writtings. |
|
Learning outcomes
|
Knowledge - knowledge resulting from the course: |
The students master the compulsory reading and are able to use the acquired knowledge interpretation of a legal regulations and legal writtings. |
Skills - skills resulting from the course: |
Základní orientace v právní propedeutice, právní metodologii a právní filozofii |
Competences - competences resulting from the course: |
N/A |
|
Assessment methods
|
Knowledge - knowledge achieved by taking this course are verified by the following means: |
Oral exam |
|
Teaching methods
|
Knowledge - the following training methods are used to achieve the required knowledge: |
Lecture |
Textual studies |
Self-study of literature |
|
|
|
|