N_SFPr Sociology and Philosophy of Law

University of Finance and Administration
Winter 2021
Extent and Intensity
2/0/0. 3 credit(s). Type of Completion: z (credit).
Guaranteed by
JUDr. Petr Čechák, Ph.D.
Department of Regional Development and Public Administration – Departments – University of Finance and Administration
Contact Person: Ing. Barbora Ptáčková
Prerequisites
The completion of this course are not provided special assumptions.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
To provide students with a deeper insight on the phenomenon of the law, to familiarize them with the various ways you approach the law. Students should learn the questions of functions of law in the society, the ways of resolving conflicts between values the law has to meet (justice, efficiency, legal certainty). In addition, students will become familiar with the question of the legitimacy of the law but also the mechanisms and the limits of its regulatory activity. The law nowadays has to face some new challenges represented by postmodern situation, globalization, and plurality of law-making centres. And these phenomena and their relationship with the law, are addressed by the lectures of the course.
Learning outcomes
Student will be able to:
- explain the importance of values in legal regulation and to indicate the relationship between the values to which the right has to aspire - enumerate the conditions for the existence of a legitimate authority of law - describe the importance of natural law in a modern state ruled by law - enumerate the basic thesis of legal positivism - explain the concepts of the effectiveness of law in a narrower and wider sense and to list what their conditions are
Syllabus
  • 1) Regulative Effects of Law, functions of law and purposes in law
  • 2) Relation of law to other normative systems
  • 3) Value judgements in jaw, attitudes toward law, knowledge and oppinion about law
  • 4) Social control, effectivness and efficacy of law
  • 5) Justice - different ways of understanding of the concept, conflict of justice and other values
  • 6) Moral reason of obedience of law, authority of law
  • 7) Theory of punishment
  • 8) Iusnaturalist aatitude to law
  • 9) Iuspositivist attitude to law
  • 10) Sociologist attitude to law
  • 11) Law and Economics
  • 12) Other attitudes to law
Literature
    required literature
  • HOLLÄNDER, Pavel. Filosofie práva. 2., rozš. vyd. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, 2012. ISBN 978-80-7380-366-7.
  • VEČEŘA, Miloš a Martina URBANOVÁ. Sociologie práva. 2. upr. vyd. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, 2011. ISBN 978-80-7380-321-6.
    recommended literature
  • PŘIBÁŇ, Jiří. Sociologie práva: systémově teoretický přístup k modernímu právu. Praha: Slon, 1996. Základy sociologie. ISBN 80-85850-18-4.
  • POLINSKY, A. Mitchell. An introduction to law and economics. 4th ed. New York: Wolters Kluwer Law & Business, c2011. Aspen coursebook series. ISBN 978-0-7355-8448-8.
  • COLEMAN, Jules L., Scott SHAPIRO a Kenneth Einar HIMMA. The Oxford handbook of jurisprudence and philosophy of law. Oxford: Oxford University Press, 2002. ISBN 978-0-19-927097-2.
    not specified
  • Sally Falk Moore: Law and Social Change: The Semi-Autonomous Social Field as an Appropriate Subject of Study, in: Law & Society Review, roč. 7, č. 4 (léto 1973), s. 719-746
Teaching methods
Lectures and seminars in full-time study; tutorials in part-time study; compulsory seminar participation is 75% in full-time study, compulsory tutorial participation is 50% in part-time study.
Students who fail to meet the mandatory level of participation may be given during the semester additional study obligations (to the extent that will demonstrate academic achievement and acquired competencies necessary for successful completion of course).
Assessment methods
The course is concluded by exam in the form of a written test. For successful completion of the test the student is required to obtain a minimum of 60% of the total number of points.
Language of instruction
Czech
Follow-Up Courses
Further comments (probably available only in Czech)
The course can also be completed outside the examination period.
Information on the extent and intensity of the course: 6 hodin KS/semestr.
The course is also listed under the following terms Winter 2016, Winter 2017, Winter 2018, Winter 2019, Winter 2020.
  • Enrolment Statistics (recent)
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