Teaching GuideTerm
Faculty of Law
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Grao en Dereito
 Subjects
  Philosophy of Law
   Contents
Topic Sub-topic
1. Philosophy of Law as Understanding and Critique of Contemporary Law 1. Philosophy as historical knowledge.
2. Thinking about one's own time, the task of the Philosophy of Law.
3. Where to start? The problem of the starting point. The dominant paradigm as a starting point: cultural, political and legal modernity and legal positivism.
2. Legal Positivism and Legal Modernity 1. Legal positivism: a descriptive approach.
2. The theoretical and ideological bases of the modern State.
3. The transformations of the Law from the Civil Codification.
4. The aspiration to make a science of Law: legal science in the 19th and 20th centuries.
3. The weaknesses of the positivist paradigm. 1. The unilateralism of the positivist concept of law.
2. The difficulties of positivism in explaining legal practice and in providing tools to operate in it.
3. The ideological nature of scientism and the necessarily evaluative nature of legal activity.
4. Current Law: Evolution of Western Legal Systems since the second half of the 20th century and the beginning of the 21st century 1. Constitutionalization of legal systems.
2. Transcending the framework of the State and the State-Law equation.
3. The debate on the sources of legitimacy: democracy and/or rule of law.
4. New human rights versus classic human rights.
5. Attempts to manage the argumentative and deliberative dimension of the Law. 1. Some theories of legal argumentation Contributions and limits.
6. Guidelines for the implementation of a legal philosophy which is able to explain current Law. 1. An ontologically founded hermeneutic approach.
2. Law as a form of coexistence.
7. Theories of justice and their impact on current debates 1. The basic historical frameworks: utilitarianism, libertarianism, kantism and aristotelism.
2. Market and morality.
3. Political justice and contemporary social democratic ethics (Rawls).
4. Arguments for and against affirmative action. Feminism and gender policies.
5. The question of merit.
6. Citizenship and the requirements and limits of loyalty: what we owe each other.
7. Justice and the common good.
8. Sustainability.
9. The invasion of markets on morality: from the subrogation of the female body to the purchase of honors.
10. The North-South debt and the responsibility of developed countries.
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