6115.23 - Meaning and doctrine.

6115.23

Meaning and doctrine.

10

Bachelor degree with adequate component of law.

Law is often developing into a dense forrest of legal doctrine, even if the link to objective legal sources is indirect or weak. This is generally the case, but the phenomena is especially prevalent in areas of law dominated by legal standards and legal principles. The ability to trace back legal doctrine to its normative foundations is not only of theoretically stimulating but also of outmost importance for the ability to analyze and persuasively justify the law. The course thus aims at training the students to comprehend how law in a broad sense is developed and justified.

The course is divided into two parts: In the former part theoretical texts will be read that analyze the relationship between on the one side autoritative law (as following from statute or other legal source) and law in action or doctrine. In the latter and larger part of the course real life examples of law where it is difficult to trace back doctrine to autoritative foundations will be dealt with.

Approx 40 hours class teaching (confrontation). The course consists of lectures, student presentations, critical discussion, and the application of assigned readings. The two home assignments, see below, integrate teaching and assessment.

After completion of the course, the students are expected to be able to: - Explain the difference between meaning and doctrine in legal interpretation. - Explain how the distinction between meaning and construction can be different according to different types of legal norms. - Comprehend the importance of the identity of the authoritative interpreter for the shaping of legal doctrine. - Comprehend the importance of the distinction between meaning and doctrine for a culturally distinct approach to interpretation as opposed to an approach of lockstepping with doctrine from other jurisdictions. - Defend and challenge arguments concerning the contingent, as opposed to necessary, state of legal doctrine in any particular field assessed against the objective legal sources. - Present and formulate independent perspectives on meaning and doctrine in concise and cohesive written and oral language.

Examination consists in two written home assignment and an oral exam. A written home assignment counting for 30% is delivered approx. In the midth of the course, one written home exam counting for 20% is delivered appoaching the end of the course, and an oral exam with preparation counting for 50% is held at the end of the course. It is a precondition for passing the course that the student has attended and passed all exam components. Only one combined grade will be given for all three exam components.

Internal

7-

The reading list consists in an number of theoretical texts on the difference between autotitative legal sources on the one side, and on the other side law in a broad sense, or simply legal doctrine. Second, the reading list is composed of varying items, ranging from scholarly articles, cases, reports etc., suited to illustrate the intellectual challenge it is to account for the difference between autoritatie law and actual legal doctrine. See for information details in syllabus and items available on the Moodle network prior to teaching.

Bárður Larsen