Legal Theory

bdran1216  2023-2024  Bruxelles Saint-Louis

Legal Theory
5.00 credits
30.0 h
Q1
Teacher(s)
Bailleux Antoine; Brachotte Sandrine (compensates Bailleux Antoine);
Language
English
Learning outcomes

At the end of this learning unit, the student is able to :

At the end of the class, students should have acquired:
- a general knowledge of the main schools of thought and of the major issues in the field of legal theory;
- the ability to connect this theoretical knowledge to practical cases drawn from recent legal developments; 
- the ability to develop, based on this practice-fed theoretical education, a critical reflection upon the law, its evolution, its premises and the expectations that it is vested with.
 
Content
COURSE OUTLINE 2023-2024
Introduction  
I. Law as a Neutral Order (“the legal order”)
1. Law as a rational system
a. The scientific ambition (rationality and objectivity) – Discovering the law
b. The systemic project - Designing the law
2. The lawyer, a scientist and a State’s servant
a. The “doctrine”, a scientific knowledge
b. The lawyer (avocat), a judicial auxiliary serving the system
II. The Legal Imposture
1. Law as Power, Inequality, and Disorder
a. Law as power and inequality
b. Law as disorder​​​​​​​
2. The lawyer, an actor of (counter-)power
a. From the Panama papers…
b. …passing by Transnational Human Rights Litigation…
c. … to the barefoot lawyer (Chen Guangcheng)
III. Law as a Social Phenomenon
1. Law as a socially constructed practice
a. Law as a practice​​​​​​​
b. Law as a social construct 
2. The lawyer, her « genius » and her training
a. The "legal genius": the myth and the craftsman
b. What training, then?
Epilogue: “le dernier jugement”
Teaching methods
Lecture course
Evaluation methods
Written exam aimed at appraising both the students’ knowledge and his/her ability to carry out a critical reflection.
Faculty or entity
DRTB


Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Sigle
Credits
Prerequisites
Learning outcomes
Bachelor in Law French-English (and French-English-Dutch)

Bachelor in Law French-Dutch (and French-Dutch-English) [TRILINGUAL VERSION]