Philosophy of Law

Major: Law
Code of subject: 6.081.00.O.014
Credits: 4.00
Department: Department of Theory of Law and Constitutionalism
Lecturer: Slyvka Stepan, Tokarska Antonina, Romanova Alona
Semester: 2 семестр
Mode of study: денна
Learning outcomes: Integral competence (INT): Ability to solve complicated specialized tasks and practical problems in the field of professional legal activity or in the learning process, which involves the application of legal doctrines, principles and legal institutions and is characterized by complexity and uncertainty of conditions. General competencies (GC): GC.1. Ability to abstract thinking, analysis and synthesis. GC.11. The ability to exercise their rights and responsibilities as a member of society, to realize the values of civil (free democratic) society and the need for its sustainable development, the rule of law, human and civil rights and freedoms in Ukraine. Special (professional) competencies (SC): SC1. Ability to apply knowledge of the basics of theory and philosophy of law, knowledge and understanding of the structure of the legal profession and its role in society. SC2. Knowledge and understanding of the retrospective of the formation of legal and state institutions. SC3. Respect for human honor and dignity as the highest social value, understanding of their legal nature. SС12. Ability to analyze legal issues, form and justify legal positions. Program Learning Outcomes (PO) PO2. Analyze social processes in the context of the analyzed problem and demonstrate their own vision of ways to solve it; PO14. Show knowledge and understanding of the basic modern legal doctrines, values and principles of functioning of the national legal system. PO16. Explain the nature and content of basic legal phenomena and processes; PO17. Apply the acquired knowledge in different legal situations, highlight legally significant facts and form sound legal conclusions; PO28. Analyze the history of the formation of legal phenomena. Communication (COM): COM 4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AaR): AaR 1. Ability to adapt to new situations and make appropriate decisions.
Required prior and related subjects: Prerequisites: Theory of State and Law, Legal Deontology Correquisites: Legal Rhetoric, Sociology of Law
Summary of the subject: Cognitive constructs of philosophy of law and the state can be such methodological argumentations as: methodological determinants of philosophy of law, methodology of anthropology of law, methodological and legal aspects of free will of man, the methodology of the state. In particular, the methodological determinants of philosophy of law include: the process of entering law, law in positive (state) and super-positive (super-state) dimensions; the Constitution of the state, legal and illegal act; ontology, gnoseology, deontology, axiology, hermeneutics, phenomenology of law; interest and goal in law; metaphysical interpretation of the legal reality. The formation of philosophic and legal determinants is carried out through a comprehension of the history of the development of philosophy of law, the revival of the doctrine of natural law, as well as theoretical aspects of the philosophy of law (essence, object, subject, purpose, tasks, and sources of philosophy of law, its principles and functions). These concepts make it possible to distinguish philosophy of law from other sciences and show the need for special approaches, peculiar models, without which you cannot develop a scientific methodology of philosophy of law.
Assessment methods and criteria: Methods of diagnostics of knowledge in the study of the discipline are: oral examination in practical (seminars); performance of an individual research task; control work. Assessment of student learning outcomes is based on the results of the current control in accordance with the 100-point assessment scale established at the University. The assessment criteria are developed according to a four-point system ("excellent", "good", "satisfactory", "unsatisfactory") taking into account the completeness and correctness of the tasks and the mandatory transfer of grades to the University's 100-point scale for evaluating students' knowledge.
Recommended books: 1. Anthropology of Law: Professional Argumentation. Monograph. S.S. Slyvka, A.S. Romanova, O.L. Chornobay, I.M. Koval. Lviv: Liga-press, 2018. 212 p. 2. Balynska O.M., Tokarska A.S., Yashchenko V.A. Actual Problems of Philosophy of Law: textbook. Lviv: LvDUVS, 2017. 612 p. 3. Danilyan O.G. Philosophy: textbook. 3rd ed., revised. Kharkiv: Pravo, 2020. 432 p. 4. Philosophy of Law: textbook. S.S. Slivka, A.S. Romanova. Lviv: Liga-press, 2018. 250 p. 5. Slyvka S.S., Romanova A.S., Koval I.M. Philosophy of law: determinants in terms and sentences. Teaching manual. Lviv: Raster-7, 2020. 212 p. 6. Slyvka S.S., Romanova A.S., Koval I.M. Philosophy of Law in schemes, tables and concepts. Teaching manual. Lviv: Raster-7, 2020. 176 p. 7. Gosepat S., Lohmann G. Philosophy of Human Rights. Kyiv, Nika-Center, 2016. 320 p 8. Locke John. Two treatises on government. Kyiv: Our Format, 2020. 312 p. 9. Makushev P.V., Toryanik V.M. Philosophy of Law (in schemes and definitions). Dnipro; Kherson: Helvetica, 2019. 151 p. 10. Petrushenko V.L. Philosophy and Methodology of Science. Lviv: Lviv Polytechnic Publishing House, 2016. 184 p. 11. Blikhar V.S. Philosophy: textbook (in diagrams and tables). Lviv: PE "Aral", 2018. 184 p.