Course: Theory of Law

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Course title Theory of Law
Course code KTP/TPSZ
Organizational form of instruction no contact
Level of course Master
Year of study not specified
Semester Winter and summer
Number of ECTS credits 0
Language of instruction Czech
Status of course unspecified
Form of instruction Face-to-face
Work placements This is not an internship
Recommended optional programme components None
Lecturer(s)
  • Cvrček František, Doc. JUDr. CSc.
Course content
The list of state examination is made public on the internet pages of the faculty of law. 1.The concept of rights, criminal responsibility. The right objective and subjective right. Legal positivism 19th century 2. The rule of law. concept of general and specific features of legal norms, and their structure Legal language - characteristics and requirements of legal terminology. 3. Types of laws. 4. Material, personal, spatial and temporal scope of norms. Retroactivity in Law. 5. Making laws. Normative Theories of Law. 6. The law (the concept, structure). The principle of legal powers. 7. The legislation as a source of law. Classical natural law theory to 19 century. 8. Court precedent as a source of law.Jurisprudence and other sectors, sociology, psychology, logic, economics. 9. Subjects of law. Types of eligibility. Social contract theories (Hobbes, Locke, Rousseau, Rawls) 10. Right to private and public, substantive and procedural. The doctrine of law and its historical development ( Rechtsstaat and rule of law). Formal and substantive rule of law. 11.The concept and sources of international law, the relation of national and international. The concept of human rights and development of the concept of human rights. 12. Methods interpretations legal text. (Linguistic, logical, systematic, teleological, historical, etc.) Text, intention and purpose of the interpretation. 13. The other interpretation pursuant to subjects performing the interpretation. Resolution binding interpretation and significance of the results. 14. EU law and its breakdown. Continental legal culture. 15. Subjective rights and legal obligations - concept, types (absolute and relative). Basic principles of law (legal principles) in the current law. 16. Legal relationship and its elements, creation, modification and termination of legal relationship (ex lege and the legal basis of the facts). Types of legal facts. Traditional and religious systems of law - Islamic law. 17. The concept of legal liability. Subjective and objective legal liability. The issue of fault. Stand-term relationship between state and law. Jurisdiction and powers. 18. Legal protection of individual rights, the importance of judicial protection, other legal entities, self-help, legal assistance in protecting rights. Law and Justice-buffer (corrective, distributive ,social, retributive, procedural. 19. Application of legal standards (concept stage application process, acts of law application). The main differences between the flavors of laws. Equality and discrimination, freedom - (positive and negative). 20. Jurisprudence - purpose, structure, its relationship to the law. Anglo-American legal culture.

Learning activities and teaching methods
Self-study of literature
prerequisite
Knowledge
Knowledge interpretation of a legal regulations and legal writtings.
learning outcomes
The students are required to master the compulsory reading and to be able to use the acquired knowledge interpretation of a legal regulations and legal writtings.
teaching methods
Self-study of literature
assessment methods
Oral exam
Recommended literature
  • Gerloch, Aleš; Hungr, Pavel; Zoubek, Vladimír. Základy teorie práva a právního státu. 4.vyd. Praha : Policejní akademie ČR, 1997. ISBN 80-85981-59-9.
  • Holländer, Pavel. Filosofie práva. 1. vyd. Plzeň : Aleš Čeněk, 2006. ISBN 80-86898-96-2.
  • Holländer,Pavel. Nástin filozofie práva.
  • Hungr, Pavel. Právní filozofie : (Vybrané problémy pro 9. semestr). 1. vyd. Brno : Masarykova univerzita, 1993. ISBN 80-210-0615-3.
  • Knapp, Viktor. Teorie práva. 1. vydání. Plzeň : ZČU, 1994. ISBN 80-7082-140-X.


Study plans that include the course
Faculty Study plan (Version) Category of Branch/Specialization Recommended year of study Recommended semester