Introduction to Philosophy of Law [2507]

General Information

• Credits: 6 ECTS
• Prerequisites: Bachelor's or Licence level (or equivalent); proficiency in English
• Learning format: asynchronous distance learning – 100% e-learning
• Language of instruction: English
• Course access: available at any time of year
• Disability liaison officer: Cécile Boucherle

Course Overview

This course introduces students to the philosophy of law by examining the nature, purpose, and justification of legal systems and their relationship to morality, politics, and society. It explores the major traditions of legal philosophy, including natural law, legal positivism, legal realism, and Ronald Dworkin’s interpretivism, while presenting the conceptual foundations of analytical jurisprudence. The course also examines the philosophical meaning of rights, human rights, and constitutional rights before turning to constitutional law, constitutional interpretation, and the law of evidence. Particular attention is given to the relationship between legal principles and contemporary legal practice through comparative case studies drawn from different jurisdictions. Finally, the course addresses African customary law and Islamic Sharia law, highlighting their philosophical foundations and their interaction with modern legal systems. By combining theoretical reflection with practical legal issues, the course equips students to critically analyze legal concepts and to appreciate the contribution of philosophy to contemporary legal thought and practice. 

Learning Outcomes

This course enables you to:

• be familiar with the scope and early historical development of philosophy of law;
  
• understand the main philosophical positions advanced by traditional theories of law in analytical jurisprudence;
  
• have a better sense of the relevant critical issues concerning the notions of rights, constitutional rights and human rights;
  
• understand and be able to philosophically express some of the major issues concerning constitutional law and its core aspects; 
  
• understand the notions of customary law and sharia law and their place in the modern world; and
  
• appreciate the contribution philosophy of law can make in dealing with contemporary legal problems.  

Course Competencies

This course is linked to the following competencies:

• Analyse the philosophical and anthropological foundations of dignity and human rights (Human rights programme).
• Analyse the philosophical foundations of politics, society and law (Philosophy programme).

Course Outline

Section 1: Overview of Philosophy of Law

Section 2: Analytical Jurisprudence (Traditional Theories of Law)

Section 3: Rights, Human Rights and Constitutional Rights

Section 4: Constitutional Law

Section 5: Constitutional Interpretation and Law of Evidence

Section 6: Customary Law

Section 7: Islam and Sharia Law 

Assessment Methods 

Course assessment is based on:

• tracking and completion of the course and of all learning activities. These activities, designed as essential practice and learning exercises, may be completed multiple times and are not factored into the final grade; and
• the final assessment quiz, which constitutes the graded evaluation.

Learning Format

The course is taught entirely online via the MyDomuni platform, accessible 24/7.
Learning resources include:

• written course materials;
• supplementary documents and, depending on the content, video resources;
• interactive learning activities (quizzes, exercises); and
• a discussion forum with the course instructor and fellow participants.

Prerequisites

This course is open to anyone with a general level of education equivalent to the baccalaureate, or with personal or academic experience related to the topics covered.

A good command of written English is recommended to facilitate understanding of the content and participation in the activities offered. 

Accessibility

The course is accessible at any time, from any internet-connected device, via the MyDomuni platform.
For students with disabilities, specific support can be arranged upon request to ensure equitable access to course content and activities.

Disability liaison officer: cecile.boucherle@domuni.eu.

Selective Bibliography

• Herbert Lionel Adolphus Hart, The Concept of Law, Oxford, Oxford University Press, 1994 (2e éd.).
• Ronald Dworkin, Law's Empire, Cambridge, MA, Harvard University Press, 1986.
• John Finnis, Natural Law and Natural Rights, Oxford, Clarendon Press, 1980.
• Hans Kelsen, General Theory of Law and State, Cambridge, MA, Harvard University Press, 1999.
• Jules L. Coleman & Jeffrie G. Murphy, Philosophy of Law: An Introduction to Jurisprudence, Boulder, CO, Westview Press, 1990.