Kommentar |
The aim of this course is to familiarize the students with the basic topics, concepts, problems, and positions in legal theory or – to use another term which is particularly popular in the Anglophone world – (general) jurisprudence. This task will be achieved through a close-reading and in-depth discussion of the classic, mostly Anglo-American literature that, aside from its paramount historical importance, continues to provide essential reference points in contemporary legal-theoretical debates both within and outside the Anglosphere. Particular emphasis will be put on how jurisprudential claims and arguments have been developed, supported, countered, and revised by the leading scholars working in the field. Such analysis will not only help students develop a strong command of the discipline, but also – and perhaps more importantly – improve their own critical legal thinking, as well as written and oral communication skills. |
Literatur |
Jeffrie G. Murphy & Jules L. Coleman, Philosophy of Law: An Introduction to Jurisprudence (Westview 1990); HLA Hart, The Concept of Law (Oxford University Press 1961); Hans Kelsen, Pure Theory of Law, Max Knight (trans.) (University of California Press 1967); Scott J. Shapiro, Legality (Harvard University Press 2011); Mark Kelmen, A Guide to Critical Legal Studies (Harvard University Press 1990) Katharine T. Bartlett & Rosanne Kennedy, Feminist Legal Theory: Readings In Law and Gender (Routledge 2018). |