6103.22 - Legisprudence

6103.22

Legisprudence

10

Bachelor’s degree or equivalent with adequate component of law.

The purpose of the course is to make legislation the centre of scientific attention by going through the theory of legislation, but also to a certain extent focusing on the technique of and standards for good legislation.

The course revolves around these main topics: - Legislative policy and principles of legislation. - The eight ways that, according to Lon L. Fuller, one can succeed and fail to make legislation. - The structure of legislation. - On different approaches to legislation depending on type of legislation, i.a. the difference between public law and private law-legislation. - The "costs" of legislation and various kinds of legal norms in legislation. - The information problem of the legislator and the purpose of public hearing. - Society adapted legislation. - Techniques and practical guidelines in legislation.

Approx. 36-40 hours of confrontation hours. The course consists of lectures, student presentations, critical discussion and application of assigned readings.

After completing this course, the students shall be able to: - Explain the theory of legislation and principles of legislation. - Assess when legislation is needed and assess the dangers of over-regulation. - Analyze the importance of a consciousness on part of the drafting institution on the resource problem for a legislator in a small society, and evaluate possible consequences for the model of legislation. - Advise on legislation that is adapted to different needs depending on different areas of law in which one wants to legislate. - Draft concrete legislative proposals. - Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.

Examination and learning are interconnected in a process of formative assessment and continuous examination. The examination consists of two obligatory home assignments counting for 25% (30 hours) each early and in the middle of the course, and a 50% (72 hours) obligatory home assignment at the end of the course. One overall grade is given. It is a precondition for passing the overall course that all three home assignments have been passed.

Internal

7-

Bárður Larsen & Kristian Joensen: Materials on Legisprudence, mainly covering academic articles, book chapters and guidelines etc.

Bárður Larsen