Law - Political Science - Public Administration

ON THE THEORY AND PHILOSOPHY OF LAW

  • Training Structure

    School of Law and Political Science

Overview

A university diploma offered since the start of the 2002–2003 academic year to students in law, literature, and the humanities and social sciences who have completed their second year of undergraduate studies (L2). It is also open to judges in the judicial, administrative, and financial courts, as well as to attorneys.

It is a university diploma. It is therefore not awarded by the government and does not serve as an equivalent requirement for admission to a graduate program or other prestigious institution. Nevertheless, its value lies in strengthening the legal and general knowledge of students, doctoral candidates in law, and legal professionals. Above all, it offers the Faculty of Law and Political Science at Montpellier a parallel and optional program in legal theory and philosophy that complements the curriculum of the traditional degree program.

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The Benefits of the Training Program

Suggested Reading:

Books:
- Alexandre Viala, *Philosophy of Law*, Ellipses, 2010
- Simone Goyard-Fabre, *The Foundations of the Legal Order*, PUF, 1992
- Paul Amselek (ed.), *Controversies Surrounding the Ontology of Law*, PUF, 1988
- Michel Troper, The Philosophy of Law, PUF-Que sais-je ?, 2003
- Michel Troper, Toward a Legal Theory of the State, PUF-Léviathan, 1994
- Michel Troper, The Theory of Law, Law, and the State, PUF-Léviathan, 2002
- Pierre Bouretz (ed.), The Force of Law, Ed. Esprit, 1991
- Michel Villey, The Formation of Modern Legal Thought, PUF-Léviathan, 2003
- Léon Duguit, The State, Objective Law, and Positive Law, Dalloz (reprint), 2003
- Raymond Carré de Malberg, *Contribution to the General Theory of the State*, Dalloz (reprint), 2003
- Hans Kelsen, Pure Theory of Law, trans. Ch. Eisenmann, 2nd ed. (reprinted by LGDJ-Bruylant, 1999)
- Eric Millard and Olivier Jouanjan (eds.), Realist Theories of Law, Presses Universitaires de Strasbourg, 2000.
- Jean-Cassien Billier and Aglaé Maryioli, *History of the Philosophy of Law*, Armand Colin, 2001


Journals:
- *Archives of the Philosophy of Law*
- *Journal of Legal Research and Prospective Law*
- *Droits* (French Journal of Legal Theory, Philosophy, and Culture)
- Journal of Political and Legal Philosophy
- Law and Society
- Interdisciplinary Journal of Legal Studies
- Juspoliticum (online journal)

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Objectives

The University Diploma (DU) in Philosophy of Law offers a general education program designed to enlighten students and practicing lawyers on the foundations and nature of legal rules. What is law? Why is it mandatory to obey the law? What is the source of the Constitution’s validity? What ensures the effectiveness of a legal system? Is justice an absolute concept? Is law defined solely by its formal structure, or must it convey a certain substance to merit obedience? Do judges act as legislators when they interpret and apply laws? Is there a logic to judicial reasoning? Does society spontaneously generate norms even before the legislature intervenes? All these questions are addressed through lectures followed by written and oral exams. Their primary purpose is to enable law students, as well as judges and attorneys, to broaden their legal knowledge so that they can gain a broader perspective on the issues within their technical discipline. They offer students in the humanities the opportunity to understand why a society cannot exist without legal regulation.

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Organization

Knowledge Assessment

- Article 1: Nature of the Courses

2 lecture courses culminating in a written exam:

- Ontology and Epistemology of Law (24 hours) Alexandre VIALA
- History of Legal Thought (15 hours) Nour-Eddine BELABBAS

3 lecture courses culminating in an oral exam:

- Economic Analysis of Law (15 hours) Alain MARCIANO
- Legal Pluralism (15 hours) Jordane ARLETTAZ
- Epistemology of Comparative Law (15 hours) Stéphane PINON

- Article 2: All exams are weighted equally
- Article 3: There is no failing grade
- Article 4: Degree Requirements

Students must achieve an overall average of 10/20 to graduate. Exams are held during the second half of June. A make-up exam session is held during the second half of September. Students then retake the exam(s) in which they did not achieve the required average.
- Article 5: Grades

12/20: Fairly Good
14/20: Good
16/20: Very Good

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Program

2 lecture courses assessed by a written exam:
- Ontology of Law (20 hours)
- History of Legal Concepts (20 hours)
2 lecture courses assessed by an oral exam:
- Economic Analysis of Law (20 hours)
- Legal Pluralism (20 hours)

- Article 2: All exams are weighted equally
- Article 3: There is no failing grade
- Article 4: Degree Requirements

Students must achieve an overall average of 10/20 to graduate. Exams are held during the second half of June. A make-up exam session is held during the second half of September. Students then retake the exam(s) in which they did not achieve the required average.

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Admission

Admission Requirements

Requirements: Must hold a bachelor's degree.

 

Registration period:
Every year, from September 1 to October 31, contact Ms. Abbassi (Faculty of Law and Political Science, C.E.R.CO.P, 5th floor, office no. 5.06, 39 Rue de l’Université, 34060 Cedex 2)
(phone: 04 34 43 28 64; email: habiba.abbassi@univ-montp1.fr)


Registration fees: 240 euros (student rate) 1,200 euros (professional rate)

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Target Audience

Admission requirements:
The University Diploma (DU) is open to students in law and the humanities who have completed at least the first two years of their bachelor’s degree, as well as to professionals (judges, administrative court judges, members of financial courts, and attorneys).

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