Law and State Theory

General Information
Lecture + Workshop, including 15 minutes break
Teacher: 
dr Jarosław Kotas
Room: 
103
ECTS: 
6
Number of Hours: 
60
Tuesday 13:45 - 17:00
Preliminary requirements: 

There are no specific preliminary requirements for students who are willing to attend this course,  since this very course is an introductory one. However the general knowledge about current political, economical and social developments and the 20th century world’s history is highly recommended.  The same concerns the general knowledge how the state operates.

Course Description: 
  1. Legal positivism and concept of natural law.
  2. Inter-relations between both above concepts and other concepts of law phenomena.
  3. Postmodern concepts of law.
  4. Law understood as (a) social technique (b) conversation.
  5. Law understood as (a) institution (b) constitution.
  6. Principles of a State of Law.
  7. Neoliberal ideology in modern societies. Law as a supranational product.
  8. Decision making process and application of law.
  9. Different legal procedures. Material law. Formal law.
  10. State as a structured form of space.
  11. Principles of constitutional law. Public law. Private law.
  12. Normative systems.
  13. Colloquium.
  14. Quasi states and different types of state organization.
  15. Concluding remarks and estimation of the course. 
Aims of the course: 

Has knowledge on status of a citizen in a state

Student has basic knowledge about state as an actor of international relations,  inter-state and international relations, including political and economic problems of the world

has basic knowledge in the area of genesis, structure and functioning of state

can analyze and interpret selected decisions and actions of state authorities (both in domestic and international dimension) as well as international institutions

Student can make judgements on issues of important political and economic matters of the contemporary world

Teaching methods: 

In the process of learning during this course, student should know reading material for every meeting at least to be able to discuss about it under the guidance of the teacher. The teacher always will provide the main presentation and explanation of the subject. For some students aiming to obtain the better marks, there will be possibility for preparation of their own presentation.

In the case something is still unclear and student want to explore it deeper, there will be chance to talk about issue in the framework of individual consultations.

Evaluation & Completion: 

Attendance is mandatory. Students are expected to keep up with proposed readings, and since the format of the class is a seminar, come to class ready for discussion. Students will be watched during each class on the basis of their participation in discussion.

Some students will be also asked to prepare and present case studies of various phenomenon and processes devoted to the law and state theory.

The final evaluation will be based on students attendance and contribution to the debates and on the result of a written colloquium.

Basic Literature: 

A. Sarat, P. Ewick (eds.), The Handbook of Law and Society, Wiley-Blackwell 2015

J. Coleman, S. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law, Oxford University Press 2002

Additional Literature: 

Ioannis Glinavos - Neoliberal Law: Unintended Consequences of Market-Friendly Law Reforms, Third World Quarterly , Vol. 29, No. 6 (2008), pp. 1087-1099

Bruce L. Benson, The Enterprise of Law. Justice Without the State, The Independent Institute, Oakland 2011