Issues in Philosophy of Law
Code of subject: 7.081.01.M.010
Department: Department of Theory of Law and Constitutionalism
Lecturer: Slyvka Stepan
Semester: 2 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT): the ability to solve problems of a research and/or innovative nature in the field of law. General competences (CG): CG2. Ability to conduct research at an appropriate level; CG6. Ability to generate new ideas (creativity); CG 7. Ability to make informed decisions; CG 9. Ability to work in international content; CG 10. Ability to develop projects and manage. Special (professional, subject) competences (SK): SK1. Ability to apply the principles of the rule of law to clarify complex tasks and problems, including in situations of legal uncertainty; SK2. Ability to analyze and evaluate the impact of the legal system of the European Union on the legal system of Ukraine; SK3. The ability to analyze and evaluate the impact of the Convention on the Protection of Human Rights and Fundamental Freedoms, as well as the practice of the European Court of Human Rights on the development of the legal system and law enforcement in Ukraine; SK4. Ability to assess the interaction of international law and international legal systems with the legal system of Ukraine; SK7. Ability to apply knowledge and understanding of the basic principles (principles) and procedures of judicial proceedings in Ukraine; SK8. Ability to use mediation and other legal tools of alternative out-of-court proceedings and resolution of legal disputes; SK9. Ability to apply an interdisciplinary approach in the assessment of legal phenomena and law enforcement activities; SK11. The ability to critically evaluate the effectiveness of representation and protection of the rights, freedoms and interests of clients; SK12. Ability to develop and approve ethical standards of legal activity, standards of professional independence and responsibility of a lawyer; SK13. The ability to convey information, ideas, the content of problems and the nature of optimal solutions to specialists and non-specialists in the field of law with proper reasoning; SK14. The ability to independently prepare drafts of regulatory and legal acts, justify the social conditionality of their adoption, predict the results of their impact on relevant social relations. Learning outcomes in accordance with the educational program (educational programs): Learning outcomes: RN1. Assess the nature and character of social processes and phenomena, and demonstrate understanding of the limits and mechanisms of their legal regulation; RN 2. Correlate the modern system of civilizational values with legal values, principles and professional ethical standards; RN 8. Assess the reliability of information and the reliability of sources, effectively process and use information for conducting scientific research and practical activities; RN 14. Justify the legal position at various stages of law enforcement. Knowledge (KN): KN1 Specialized conceptual knowledge that includes modern scientific achievements in the field of professional activity or field of knowledge and is the basis for original thinking and conducting research. Skills/Abilities (Skills): SKI 3 Ability to solve problems in new or unfamiliar environments in the presence of incomplete or limited information, taking into account aspects of social and ethical responsibility. Communication (K): K1 Clear and unambiguous presentation of one's own knowledge, conclusions and arguments to specialists and non-specialists, in particular, to students. Autonomy and responsibility (AB): AB3 Ability to continue learning with a high degree of autonomy.
Required prior and related subjects: Previous disciplines: Philosophy of law, Legal deontology. Related and the following disciplines: -
Summary of the subject: Problems of the philosophy of law consist of a general and a special part. Methodological technologies and anthropology of the state are highlighted in the general part, and anthropology and anthroposophy of law in the special part. 1. Methodology and the subject of problems of the philosophy of law. Scientific searches for methodological problems in philosophical and legal research. Methodological structure of the problems of the philosophy of law. 2. Principles and functions of the problems of the philosophy of rights. Principles and their relationship between philosophical and legal sciences. Functions of philosophical and legal sciences. 3. Natural and anthropological problems of the philosophy of law. Philosophical and legal problems of human structure. Typification of philosophical anthropological and legal problems. 4. Ontological and religious legal problems. Antinomies of the perception of natural legal dogmas. Problems of implementation of ontological and legal dogmas. 5. Deontological and positivist legal problems. Origins of deontological-positivist problems of the philosophy of law. Philosophical therapy of legal practice. 6. Problems of state-building processes in the philosophy of law. Problems of implementation of natural-state processes. Consequences of the resolution of state-building processes in the philosophy of law. 7. Futurological problems of the philosophy of law. Philosophical principles of archaic law. Prospects of philosophical and legal technology. 8. Religious and legal problems of the philosophy of law. Antinomies of the perception of natural legal dogmas. Problems of implementation of ontological and legal dogmas.
Assessment methods and criteria: The methods of assessing the level of achievement of learning outcomes of education seekers are: oral survey at practical (seminar) classes; performance of an individual research task; control work. Evaluation of the student's learning results is carried out based on PC results in accordance with the 100-point evaluation scale established at the University. Evaluation of the student's learning results is carried out based on PC results in accordance with the 100-point evaluation scale established at the University. Current control (PC): practical (seminar) classes - 40 points; written test - 10 points; final test - 50 points.
Recommended books: 1. Slyvka S. S., Romanova A. S. Philosophy of law: study guide. Lviv: Liga- press, 2018. 250 p. 2. Slyvka S.S., Romanova A.S., Koval I.M. Philosophy of law: determinants in terms and maxims. Education manual. Lviv: Rastr-7, 2020. 212 p. 3. Slyvka S.S., Romanova A.S., Koval I.M. Philosophy of law in schemes and tables and concepts. Education manual. Lviv: Rastr-7, 2020. 176 p. 4. Anthropology of law: professional argumentation. Monograph. S. S. Slivka, A. S. Romanova, O. L. Chornobai, I. M. Koval. Lviv: Liga-press, 2018. 212 p. 5. Balynska O. M., Tokarska A. S., Yashchenko V. A. Actual problems of the philosophy of law: manual. Lviv: LvDUVS, 2017. 611 p.