Universitat Internacional de Catalunya
Philosophy of Law
Other languages of instruction: Catalan
Teaching staff
Wednesday 12.00- 13.00pm
Introduction
Philosophy of Law provides jurists with the necessary tools to reflect deeply on the meaning of law, its foundations, and its purpose. This perspective enables a fuller understanding of the ethical, political, and social dimensions of legal practice and promotes critical thinking that enhances professional work.
The course is structured in three parts. First, it examines the main philosophical responses throughout history to the fundamental questions about law and justice. Second, it analyzes the tensions that arise in the practical application of law. Finally, it explores current societal challenges and the responses offered by contemporary legal thought.
This course aims to train jurists with a reflective approach, capable of integrating philosophical reasoning into their daily legal practice.
Competences/Learning outcomes of the degree programme
- 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
- 04 - To turn in documents that have been formally and thoroughly prepared to high standards
- 08 - To develop mechanisms that facilitate the adoption of ethical commitments
- 09 - To develop mechanisms that favour sensitivity towards issues related to fundamental rights as well as respect for other cultures and customs
- 13 - To develop critical analysis skills
Syllabus
Introduction: Why Philosophy of Law?
T. 1. The Philosophy of Law in Antiquity
T. 2. The Philosophy of Law in the Middle Ages
T. 3. The Paradigm Shift of Modernity
T. 4. Philosophy of Law since the Modern Age
T. 5. From philosophy to jurisprudence
T. 6. The legal science of positivism and its derivatives
T. 7. Post-positivism.
T. 8. Law and justice. The new theories of justice
T. 9. Justice and Human Rights
T. 10. Legal anthropology and the meaning of law
T. 11. Law and postmodernity
T. 12. Law in the Digital Age: New Challenges
Teaching and learning activities
In person
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Classroom activities in order to follow up on students (both individual and in a group) | 03 08 09 |
| Presenting concepts and their practical application in the classroom | 13 |
| Student can study and work independently | 04 |
Evaluation systems and criteria
In person
1. Written Midterm Exam on October 27
There will be a midterm exam that counts toward the final grade. The exam will cover the material covered in class up to the date of the exam.
2. Oral Final Exam
The final exam will account for 6 points of the final grade. Students must pass the exam in order to have their continuous assessment grades counted and to pass the course.
3. Continuous Assessment:
Short quizzes will be administered each week on the material covered to evaluate attendance and participation in class. This will account for 1.5 points of the final grade.
The remaining 2.5 points will be earned:
- Either by participating in the curricular service-learning project.
- Or, on an exceptional basis, through the required reading and oral discussion of two books.
During the first week, students will choose one of the two options.
If students choose the reading option, they may discuss the first book individually with the instructor by the deadline of October 30. The deadline for the second book is December 15.
Books:
Filosofía breve de la vida. Higinio Marín. Encuentro 2025.
Justicia, ¿hacemos lo que debemos? Michel Sandel, Debolsillo 2012.
*Continuous assessment will be taken into account in the second sitting.
Bibliography and resources
- Talavera, P. (2022). Filosofía del Derecho. Valencia: Tirant lo Blanch
- Michel Villey, Filosofía del Derecho , Scire Universitaria, 2ª edición, 2003..
- Jesús Ballesteros, Sobre el sentido del Derecho, Ed. Tecnos, Madrid, 1986.
- Javier Hervada, Historia de la ciencia del derecho natural, Ed. Eunsa, Pamplona 1999.
- Javier Hervada, Lecciones propedeúticas de Filosofía del Derecho, Ed. Eunsa, Pamplona, 1995.
- José María Rodriguez Paniagua, Historia del Pensamiento Jurídico, Tomo 1 y 2, 9ª ed., Ed. Univ.Complutense, Madrid, 1997.