The course as part of the academic plan (max. 4000 characters)
The program of the Theory of Law course is designed as an introductory reflection about law in general. It especially considers an analysis of the terms, concepts and categories necessary for basic legal knowledge and which appears in the study of any discipline of law. Likewise, the purpose is carrying out an introductory review about law, its role in society its origin and the main elements which comprise it in modern society.
Héctor Claudio Silveira Gorski
Dimarts - dimecres de 9 a 10h, Dijous de 12-14h
University of Lleida strategic competences
Subject 1. Society and Law. Social and legal relationships
Approach to the concept of law. Law and enforcement. Social, moral and legal regulations. Law as a social phenomenon. Conflict and law. Functions of law.
Subject 2. Law, state and modern society
Law and power. From feudalism to modern society. State and State of law.
Subject 3. Uses of the word law
Ambiguity and vagueness of law. Legal uses of the word law: subjective, objective, axiological. Objective law, subjective law and justice. The legal right to know how.
Subject 4. Legal standards: structure and elements
Prescriptive language. Standards and regulatory proposals. Structure and elements of the regulations. Core regulations and the elements of prescriptive regulations. Type of legislation: mandatory and permissive, abstract and concrete, written and customary. Jus cogens regulations and jusdispositivum regulations. Primary regulations and secondary regulations. Regulations and principles. Constitutive regulations.
Subject 5. Legal regulations: formal and material attributes
Attributes that express formal relationships: legal validity and applicability. Attributes that express material relationships: efficacy and effectiveness of legal regulations.
Subject 6. Legal producing sources
Sources of law. System of Spanish legislature sources. Law, custom and general principles of law. The principle of legality. Jurisprudence and law. The European Union and EC legislature.
Subject 7. Legal interpretation and application
The interpretation of the law. Types of interpretation. Methods andlimits of interpretation. The justification of difficult cases. The application of the law. Ways of solving legal disputes: court settlement and a court order.
Subject 8. Legislature
Legal system and legislature. Organizational criteria of legislature: hierarchy, discipline and timing. The plenitude and problem of gaps. Coherence and the problem of antinomies.
Subject 9. Fundamental legal concepts
Public law and private law. Legal duty. Illicit and responsibility. The penalty. Subjective law. Natural person and legal entity. Human rights and fundamental rights.
Subject 10. Law and justice
The relationships between law, morality and justice. Theories of justice.
Subject 11. Globalization and human rights
Human rights in the context of globalization. Democracy and social powers.
The democratization process in Athens and doubt about the law. General characteristics of Roman law and how it differs from modern law. Christianity and its influence on the legal-political culture. Feudal society and the scholastic concepts of divine law, natural law, and positive law. Feudalism, absolutism and the origins of the mercantile society.
Throughout the course the teacher will indicate the basic and supplementary bibliography for each subject.
-L. Prieto Sanchís, Apuntes de teoría del Derecho, Trotta, Madrid, 2005 [ATD].
-M. Atienza, El sentido del derecho, Ariel, Barcelona, 2001. [SD].