GBPGBP (Global Business Program)

Legal theory is a discipline that uses tools, concepts and methods from philosophy, sociology, political science, economics and critical studies, in order to study the concepts that are centrals or deemed the most importants to talk about Law in a general way : authority, rule, norm, obligation, and the concept of law itself.

But as a specific discipline, Legal theory’s vocabulary is distinct from the Legal vocabulary. It is therefore important to be able to understand the texts of the authors that builded the framework and laid the background that is used today : HOBBES, ROUSSEAU, HUME, BENTHAM, AUSTIN, WEBER, KELSEN...

Their debates shaped new ideas and arguments, and in order to keep the discussion ongoing, this class will accompany the student into one of its most fundamental branches :

How to distinguish what is law and what it should be ? How do judges, legal practitioners and law professors deal with their functions and their personal preferences ? And overall, how does analytical philosophy of law, one of the most influential positivist approaches of legal phenomenon, historically deal with national and international tensions while ensuring respect of the individual ?

By the end of the course, students are expected to have acquired:
1. An understanding of the purpose of legal theory and an overview of some of the main figures of the discipline
2. A firm grasp on important notions in the fields of Law, Politics and Philosophy.
3. Analytical tools to understand legal theory texts, old english texts and classic and contemporary debates
4. How to write a synthesis and argumentative essay

英語 / English

Classes consist in discussion, documents study, and lecture. Students will be required to apply analytical frameworks they learned during class by conducting a research on an author of their choice that will result in a little essay that will be submitted at the end of the semester for which use of AI tools is forbidden. Course contents will vary depending on the number of students.

A final test will check if the notions are understood.

あり / Yes

なし / No

授業形態/methods of teaching：対面/face to face

※各回の授業形態は予定です。教員の指示に従ってください。

1.[オンライン/online]：INTRODUCTION (PLATO)

1. Question(s) : Can you, should you study and understand something that is not your main passion ? What
is science ? What is philosophy ?
2. Notion(s) : Definitions, Purpose, Perspectives, Epistemology, Axiology, Ontology
3. Documents : A. (-429 ? / - 347 BC) Plato, The Republic, The cavern, -387, -370. B. ???, The World As I See It, ????

2.[対面/face to face]：II. LAW AND EXPERIENCE 1 (HOBBES)

1. Question(s) : Can you, should you, think of yourself or of the other first ? Is experience more important than reason ?
2. Notion(s) : Empiricism, Selfishness, State of Nature
3. Document : C. (1588-1679) HOBBES Thomas, Leviathan, 1651

3.[対面/face to face]：II. LAW AND EXPERIENCE 2 (HUME)

1. Question(s) : What is the difference between description (it is...) and prescription (it should be) ?
2. Notion(s) : Empiricism, Induction, Deduction, Hume's Law
3. Documents : D. (1711-1776) HUME David, Treaty, 1740

4.[対面/face to face]：III. LAW AND PEOPLE 1 (HOBBES)

1. Question(s) : Can you, should you have a more active participation in society or do you want people that you put in charge to do it for you ?
2. Notion(s) : Contractarianism, Representation
3. Documents : E. (1588-1679) HOBBES Thomas, Leviathan, 1651

5.[対面/face to face]：III. LAW AND PEOPLE 2 (ROUSSEAU)

1. Question(s) : How can citizen participate in society ?
2. Notion(s) : Contractualism, Participation, Democracy, Social contract
3. Documents : F. (1712-1768) ROUSSEAU Jean-Jacques, On the social contract, 1762

6.[対面/face to face]：Training session.

Midterm check and help.

7.[対面/face to face]：IV. LAW AND VALUES 1 (BURKE)

1. Question(s) : What is the difference between “right” and “left"? Is there a better system than a democracy ? If not, can we still criticise it ?
2. Notion(s) : Conservatism, Stability, Reaction
3. Documents : H. (1729-1797) BURKE Edmund, An appeal from the new to the old Whigs, 1791

8.[対面/face to face]：IV. LAW AND VALUES 2 (PAINE)

1. Question(s) : Who can understand Law ? To whom does Constitution belong ?
2. Notion(s) : Liberalism, Revolution
3. Documents : J. (1737-1809) PAINE Thomas, The Rights of Man, 1795

9.[対面/face to face]：V. LAW AND THE ANGLO-SAXON TRADITION 1 (BENTHAM)

1. Question(s) : What makes an individual action or a public policy a morally good one ? If not could you, should you obey ?
2. Notion(s) : Utilitarianism, Hapiness, Utility principle
3. Documents : K. (1747-1832) BENTHAM Jeremy, An Introduction to the Principles of Morals and Legislation, 1789

10.[対面/face to face]：V. LAW AND THE ANGLO-SAXON TRADITION 2 (AUSTIN)

1. Question(s) : Can we make a scientific study (description) of law rather than a political or moral one ?
2. Notion(s) : Utilitarianism, Pain, Sanction, Law as command, Legal positivism
3. Documents : L. (1790 - 1859) AUSTIN John, The Province of Jurisprudence Determined, Excerpts, 1832

11.[対面/face to face]：VI. LAW AND THE CONTINENTAL TRADITION 1 (WEBER)

1. Question(s) : How can we scientifically understand people's actions ? Especially the actions of professors, jurists,
judges and legislators when they act in law, respectively teaching, using, applying/evaluating,and preparing legal texts?
2. Notion(s) : Sociology, Substantive law, Fields of law, Rationality in law, Imputation, ANti-positivism
3. Documents : M. (1864-1920) WEBER Max, Economy and society, 1922

12.[対面/face to face]：VI. LAW AND THE CONTINENTAL TRADITION 2 (KELSEN)

1. Question(s) : Can we make a science of law different from other social sciences ?
2. Notion(s) : Grundnorm, Sein/sollen, Imputation, Exclusive positivism
3. Documents : N. (1881-1973) KELSEN Hans, Pure Theory of Law, 1934

13.[対面/face to face]：Training session

Final training session for the exam.

14.[対面/face to face]：Final exam

Final test

As a preparation for each class, students will be assigned some readings and comprehension quesitons. THe answer will be given the next class so don't worry if you cannot answer everything. Preparatory study and review time for this class are 2 hours each.

Except on exceptional circumstances and notification to the Professor attendance to each lesson is mandatory.

None

Herbert L.A. HART, Leslie Green, The Concept of Law 3rd ed, 2012, Oxford University Press ISBN-13 : 9780199644704

Hans KELSEN, Pure Theory of Law. Translation from the Second German Edition by Max Knight, reprint by The Lawbook Exchange, 2009 ISBN-13: 9781584775782.

Martti KOSKENNIEMI, From Apology to Utopia: The Structure of International Legal Argument. 2nd ed, 2006, Cambridge: Cambridge University Press ISBN-13: 9780511493713.

Participation in class (including homework-essay, attendance and discussions): 70%; final test: 30%.

Course contents and slides updated.

A notebook, a pencil, a rubber, and color pencils.

Students can contact the instructor at: gael.besson.77@hosei.ac.jp
In accordance with Hosei University policies, this course will be held face-to-face.