Teacher(s)
Language
French
Prerequisites
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Main themes
This course explores the major currents of legal tjheory and examines both classical and contemporary issues that this discipline helps illuminate. Topics may include questions such as : Why do we obey the law? What makes certain subjective rights « fundamental » beyond their constitutional recognition? To what extent could artificial intelligence replace judges? Should law be considered effective in combating racism and sexism, even though their legal prohibition has not (yet) led to their eradication?
The course directly complements the study of positive law – by critically examining its foundations and practices – and draws on various non-legal disciplines to enrich legal thinking. It also serves as a preparatory foundation for the legal theory seminar, equipping students with both theoretical tools and intellectual reflexes essential for developing robust conceptual analysis.
Assessment is continuous throughout the semester; therefore, there is no final exam during the first session.
In all these respects, the course is fully aligned with the Faculty of Law’s Manifesto and the academic tradition specific to Saint-Louis.
Learning outcomes
At the end of this learning unit, the student is able to : | |
This course contributes to the development and acquisition of the following competencies (as defined in the program’s learning outcomes framework, cited in quotation marks).
1 Acquiring « general knowledge » : by the end of the course, students will be familiar with the main currents of legal theory, its distinctiveness compared to other disciplines, and its relevance for addressing various contemporary issues, which will also be explored throughout the course.
2 Acquiring « specific legal knowledge », particularly the ability to « understand law as a system » and to « critically » « analyse » the law « through a grounding in the philosophy and theory of law » : by the end of the course, students will be able to conceptualize the legal system from multiple theoretical perspectives and critically reflect on the axioms and practices of contemporary law.
3 Developing « the skills required for analysis, reflection and argumentation based on concrete situations » : students will be able to formulate conceptual questions about positive law, justify their methodological choices and hypotheses using legal thought as well as insights from other disciplines, and provide structured responses to fundamental questions relevant to any legal practitioner.
4 Acquiring « high-level written communication skills in French », as students will be required, in several reflective assignments, to « communicate » a line of reasoning and « defend it convincingly », drawing on concepts presented in class and other sources.
5Additionally, this course aims to foster certain « transferable skills », particularly time management (as assessment is continuous), the ability to organize group work within a short timeframe and in a respectful manner (for the submission of three written assignments), and the appropriate use of diverse sources. |
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Content
This course approaches legal theory from an interdisciplinary perspective, rooted both in legal tradition and contemporary issues. It draws on various non-legal disciplines as well as classical conceptions of law to examine key questions faced by 21st-century jurists.
Given the object of the course, particular emphasis will be placed – both in the content and in the expectations regarding student work – on the “meta-level” characteristic of legal theory. This distinguishes it from courses in positive law and those strictly belonging to non-legal disciplines.
For the academic year 2026–2027, the course will be structured as follows:
Given the object of the course, particular emphasis will be placed – both in the content and in the expectations regarding student work – on the “meta-level” characteristic of legal theory. This distinguishes it from courses in positive law and those strictly belonging to non-legal disciplines.
For the academic year 2026–2027, the course will be structured as follows:
- 16 September: Legal theory – a distinctive approach to the legal phenomenon
- 23 September: The ritualisation of legal procedures and spaces
- 30 September: Judicial power (I. Rule of law)
- 7 October : Evaluation I
- 14 October: Obedience (and disobedience) to law
- 21 October: The fundamental nature of fundamental rights
- 4 November: Goals, functions, and effects of law in response to the ‘worst crimes’
- 18 November: Evaluation II
- 25 November: Major conceptions of law (I – Natural law and legalism)
- 2 December: Major conceptions of law (II – Realism and critical approaches)
- 9 December: Judicial power (II. Legal interpretation)
- 16 December: Evaluation III
Teaching methods
Given the objectives of this course, several teaching methods are employed.
Lectures aim both at conveying foundational knowledge in general legal theory and at demonstrating how a conceptual, critical, and interdisciplinary approach can help illuminate the legal phenomenon. Attendance at these lectures is strongly recommended.
The course materials made available on moodle are not mandatory : students’ personal notes may suffice. Such notes will for sure usefully complement the slides and the syllabus, which present the course outline in a concise but non-exhaustive manner.
Continuous evaluation is also a key component of the course, requiring students to engage actively at three moments during the semester. On each of these dates, students will complete an individual written test assessing their theoretical knowledge, followed by a collaborative reflective assignment on the same material, designed to evaluate their ability to formulate and analyze legal problems. Participation in all three assessment sessions is mandatory.
Both the course and the assessments are held in person.
Lectures aim both at conveying foundational knowledge in general legal theory and at demonstrating how a conceptual, critical, and interdisciplinary approach can help illuminate the legal phenomenon. Attendance at these lectures is strongly recommended.
The course materials made available on moodle are not mandatory : students’ personal notes may suffice. Such notes will for sure usefully complement the slides and the syllabus, which present the course outline in a concise but non-exhaustive manner.
Continuous evaluation is also a key component of the course, requiring students to engage actively at three moments during the semester. On each of these dates, students will complete an individual written test assessing their theoretical knowledge, followed by a collaborative reflective assignment on the same material, designed to evaluate their ability to formulate and analyze legal problems. Participation in all three assessment sessions is mandatory.
Evaluation methods
In this course, assessment takes place throughout the semester. There is therefore no final exam in January ; the modalities differ in the second session (as detailed below).
In the first session, students are assessed on three occasions.
Each of these three assessment moments focuses on the portion of material just covered ex cathedra: respectively the first 3 classes (for Evaluation I), the next 3 (for Evaluation II), and the final 3 (for Evaluation III), in 2026-2027.
The first two assessments are each worth 25% of the final grade; the last is worth 50% of that total.
Each of the three assessment moments is structured in two stages.
Both parts of the assessment (the MCQ and the group assignment) carry the same weight in the evaluation.
First, an individual multiple-choice test is designed to evaluate Learning Outcomes 1 and 2 (acquiring general knowledge and specifically legal knowledge), as well as, to some extent, Outcome 5 (planning one's work). This test is completed in the auditorium, with no materials other than a pen, and lasts a maximum of thirty minutes.
Next, students are given one or more reflective questions and have approximately one hour and a half (until the end of the class) to respond with a written answer of approximately one page, in groups.
This second stage of assessment, which is collective and forward-looking, aims to evaluate all learning outcomes, in particular Learning Outcome 3 (developing analytical, critical thinking, and argumentative skills based on concrete situations), Learning Outcome 4 (mastering written communication), and Learning Outcome 5 (organizing collective work).
Consequently, the work submitted by students will be assessed both on content and form: a coherent and well-structured argument grounded in legal theory must be proposed. Depending on the question(s) asked, this may consist either of several precise answers or a single, more developed response addressing a broader issue.
Preparation for these responses may take place in the auditorium or elsewhere; it is conducted on an open-book basis. No additional research beyond the course is required, though other sources may be used if properly cited.
Groups consist of between 6 and 10 students. Their composition is imposed and may differ for the three assessment moments. Students may contact one another via moodle to organize themselves within each group.
All members of each group receive the same grade.
In keeping with the spirit of continuous assessment, attendance at these evaluation sessions is mandatory, for both the individual test and the group assignment, so for all activities scheduled on the three announced dates.
In the case of an exceptional absence from an assessment stage, duly justified in accordance with faculty rules (for example by a medical certificate submitted in compliance with the RGEE), the overall result for the course unit will be based on the two remaining assessment moments.
An unjustified absence, or more than one justified absence, results in a failing grade for absence in the first session (0A) and therefore automatic progression to the second session.
In the second session, continuous assessment is no longer possible: learning outcomes are assessed through a written examination held during the August session.
Regardless of whether students took part in some of the first-session assessments, no grade is carried over.
The first part of this examination takes the form of an MCQ. It covers the entire material delivered ex cathedra and targets Learning Outcomes 1 and 2, as well as, to some extent, Outcome 5.
The second part of the examination consists in writing a short reflective text on a topic requiring the mobilisation of the course material. This targets Learning Outcomes 3 and 4.
The texts will be assessed both on content and form: a coherent and well-structured argument in legal theory, adequately mobilising several parts of the material, must be proposed.
Both parts of the assessment (the MCQ and the reflective text) carry the same weight in the evaluation.
In the first session, students are assessed on three occasions.
Each of these three assessment moments focuses on the portion of material just covered ex cathedra: respectively the first 3 classes (for Evaluation I), the next 3 (for Evaluation II), and the final 3 (for Evaluation III), in 2026-2027.
The first two assessments are each worth 25% of the final grade; the last is worth 50% of that total.
Each of the three assessment moments is structured in two stages.
Both parts of the assessment (the MCQ and the group assignment) carry the same weight in the evaluation.
First, an individual multiple-choice test is designed to evaluate Learning Outcomes 1 and 2 (acquiring general knowledge and specifically legal knowledge), as well as, to some extent, Outcome 5 (planning one's work). This test is completed in the auditorium, with no materials other than a pen, and lasts a maximum of thirty minutes.
Next, students are given one or more reflective questions and have approximately one hour and a half (until the end of the class) to respond with a written answer of approximately one page, in groups.
This second stage of assessment, which is collective and forward-looking, aims to evaluate all learning outcomes, in particular Learning Outcome 3 (developing analytical, critical thinking, and argumentative skills based on concrete situations), Learning Outcome 4 (mastering written communication), and Learning Outcome 5 (organizing collective work).
Consequently, the work submitted by students will be assessed both on content and form: a coherent and well-structured argument grounded in legal theory must be proposed. Depending on the question(s) asked, this may consist either of several precise answers or a single, more developed response addressing a broader issue.
Preparation for these responses may take place in the auditorium or elsewhere; it is conducted on an open-book basis. No additional research beyond the course is required, though other sources may be used if properly cited.
Groups consist of between 6 and 10 students. Their composition is imposed and may differ for the three assessment moments. Students may contact one another via moodle to organize themselves within each group.
All members of each group receive the same grade.
In keeping with the spirit of continuous assessment, attendance at these evaluation sessions is mandatory, for both the individual test and the group assignment, so for all activities scheduled on the three announced dates.
In the case of an exceptional absence from an assessment stage, duly justified in accordance with faculty rules (for example by a medical certificate submitted in compliance with the RGEE), the overall result for the course unit will be based on the two remaining assessment moments.
An unjustified absence, or more than one justified absence, results in a failing grade for absence in the first session (0A) and therefore automatic progression to the second session.
In the second session, continuous assessment is no longer possible: learning outcomes are assessed through a written examination held during the August session.
Regardless of whether students took part in some of the first-session assessments, no grade is carried over.
The first part of this examination takes the form of an MCQ. It covers the entire material delivered ex cathedra and targets Learning Outcomes 1 and 2, as well as, to some extent, Outcome 5.
The second part of the examination consists in writing a short reflective text on a topic requiring the mobilisation of the course material. This targets Learning Outcomes 3 and 4.
The texts will be assessed both on content and form: a coherent and well-structured argument in legal theory, adequately mobilising several parts of the material, must be proposed.
Both parts of the assessment (the MCQ and the reflective text) carry the same weight in the evaluation.
Other information
A strong command of French is required to follow this course.
In order for the results obtained throughout the semester to be officially recorded and communicated to students, the course will be formally listed in the January examination session, although no exam will be held at that time.
For reflective assignments completed in the first session, students shall ensure that they comply with all scientific requirements and the rules in force, particularly regarding the use of GenAI.
In order for the results obtained throughout the semester to be officially recorded and communicated to students, the course will be formally listed in the January examination session, although no exam will be held at that time.
For reflective assignments completed in the first session, students shall ensure that they comply with all scientific requirements and the rules in force, particularly regarding the use of GenAI.
Online resources
The course materials (a concise syllabus and slides), as well as the composition of the groups, are available on moodle.
Group assignments to be submitted must also be uploaded on moodle.
Group assignments to be submitted must also be uploaded on moodle.
Bibliography
Les éléments bibliographiques pertinents sont indiqués dans les supports de cours.
Teaching materials
- Syllabus
- Powerpoint
Faculty or entity
