Theories and Methods of Law

Aim

On completion of the course, the student should, at a basic level, be able to - account for the special character of the legal argumentation, - account for the relationship between value theory and legal argumentation, - demonstrate knowledge of the structure of the legislative process and products at different points, - demonstrate knowledge of where judicial material can be found with the help of information technology, - use both legal working material, for example legal rules and preparations, and legal practice, - correctly refer to relevant judicial material, - demonstrate legal argumentation ability, - identify and analyse underlying basic assumptions in legal argumentation, - reflect on conclusions of results from both interpretation of the law and case analysis as adjudication. - account for the fundamental features of the European legal tradition and in Swedish constitutional history.

Content

The legal method part of the course contains lectures about division of areas of law, the structure and the legal sources of the legislative process, as well as exercises to utilise a library and there occurring aids, such as classification system, register, bibliographies and searching in databases. The legal theory part of the course covers questions about interpretation of legal sources and questions about the role of ethics in legal argumentation. Also studied is environment law and positivistic theories of the law as well as the state and sovereignty concept, the justice concept in classical and modern discussion. This part provides insights in legal history concerning the above mentioned questions.