ELE 3805 Philosophical Foundations of Law and Ethics
ELE 3805 Philosophical Foundations of Law and Ethics
The law program teaches us practical skills but does not automatically provide insight into the nature of our work as lawyers. The subject builds on the students' knowledge base—on legal methods, legal rules, and legal principles—to promote reflection on the structure of law, the relationship between law and morality, and ethical requirements for legal practitioners. Among the central questions are: What distinguishes law from other disciplines? What are the building blocks of law and legal rules? What value choices guide our interpretation and application of law? To what extent is law based on concepts of justice, rule of law, autonomy, or human dignity? How can legal interventions towards citizens be justified and legitimized? Does the legal method allow for the consideration of moral factors, and how are such factors expressed if so? What ethical requirements apply to the professional practice of lawyers?
The subject has a general part and an applied part. The general part introduces tools and theory for analyzing legal rules and understanding the structure of the legal system. The applied part ties the tools to questions from three selected areas of law. The most central perspective is from legal methods and sources of law, which provides students with tools to distinguish between the different components of legal rules and reflect on what actually happens when we interpret and apply legal rules. The perspective from tort law prompts students to reflect on some explicit and implicit premises, including causation, the distribution of economic burdens, and the significance of luck. The perspective from criminal law problematizes the interpretation of criminal grounds and the justification of punishment.
The student is expected to acquire:
- An understanding of the fundamental principles of law and legal methodology, and what distinguishes jurisprudence and legal dogmatics from other disciplines
- An understanding of the function of the legal system
- An understanding of the role and societal function of legal practitioners
- Theories about the relationship between law and morality, and about professional ethical requirements
- Tools for analyzing the content of legal rules
The student should be able to:
- Adopt a critical and inquisitive perspective on their own function and societal role as a lawyer Identify and discuss issues within the theoretical and value foundations of law
- Reflect on professional ethical questions
- Explain positivist, realist, and natural law perspectives on law
- Use theoretically grounded tools to analyze the content of obligation, competence, and balancing in legal rules
- Use theories about law, legal methodology, and legal principles to reflect on the choice of law, interpretation, and application of law
- Reflect on legal principles of causality and justification of punishment
The student can:
- Critically reflect on questions concerning the nature of law, the relationship between law and morality, and the design of law
- Reflect on why legal methodology has its current form
- Take a critical and inquisitive view of the theoretical and value foundations of law, work effectively with others, and critically reflect on ethical issues related to legal practice and their own professional conduct
- Reflect on the ethical responsibility of the profession
Here's the translation:
The foundation of legal methodology, including the role of real considerations in the application of law
The principles and premises of law
Theories about the nature of law, including legal positivism, legal realism, and natural law
Professional ethical questions
The structure of legal rules
The course is conducted with 14 lectures, 2 group sessions, and digital teaching content.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
The course requires knowledge about legal methodology, the basics of legislation and legal principles.
Assessments |
---|
Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials:
Duration: 6 Hour(s) Exam code: ELE 38051 Grading scale: ECTS Resit: Examination when next scheduled course |
Activity | Duration | Comment |
---|---|---|
Teaching | 28 Hour(s) | |
Feedback activities and counselling | 8 Hour(s) | |
Digital resources | 10 Hour(s) | |
Student's own work with learning resources | 80 Hour(s) | |
Group work / Assignments | 68 Hour(s) | |
Examination | 6 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.