Basic data | |||
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Legal Theory | 8.0 | 187234 |
Lecturer in charge | Consultations | Location |
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prof. dr. sc. Luka Burazin | Mondays 9:00 am - 10:30 am, room 18, Gundulićeva 10 or, exceptionally, via GoogleMeet (meet.google.com/kwv-qxvn-iwu). |
Gundulićeva 10, room 18 |
izv. prof. dr. sc. Mario Krešić |
Wednesday at 10:00
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Gundulićeva 10, room 20 |
Literature |
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REQUIRED: Riccardo Guastini; Sintaksa prava; Naklada Breza (2019), str |
RECOMMENDED: Luka Burazin, Mario Krešić, Ivana Tucak; Priručnik za teoriju prava - praktični dio; Naklada Breza (2020), str |
Description |
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The course presents the philosophy of positive law (legal theory) as a combination of two convergent lines of research: on the one hand, the construction of concepts suitable for describing the law in force (legal philosophy as a conceptual laboratory); on the other, analysis of the discourse of legal scholars and judges (legal philosophy as a metascience of law). The nature of legal language is clarified and the types of norms encountered in positive legal orders are explored. The ways in which law is produced (legal sources) are analyzed, with special reference to statutory law. Different concepts and different types of constitutions are examined. The basic concepts (normative hierarchies, validity, antinomies, etc.) necessary to explain the structure of legal orders are analyzed. The notion of state is explained, the basic state functions are analyzed and the relationship between the state and the international community is examined. The concepts of legal interpretation and application are defined and the epistemological status of legal science is discussed. |
Exam dates |
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