Training structure
Faculty of Law and Political Science
Presentation
University diploma open since the start of the 2002-2003 academic year to students in law, arts, and humanities and social sciences who hold a bachelor's degree. It is also open to magistrates in the judicial, administrative, and financial orders, as well as lawyers.
It is a university diploma. It is therefore not awarded by the State and cannot be considered equivalent to a postgraduate degree or other prestigious university qualification. Nevertheless, its purpose is to strengthen the legal and general knowledge of students, doctoral students in law, and legal professionals. Above all, it offers the Faculty of Law and Political Science of Montpellier a parallel and optional course in legal theory and philosophy that complements the traditional curriculum.
The advantages of the training program
Suggested reading:
Books:
- Alexandre Viala, Philosophie du droit, Ellipses, 2010
- Simone Goyard-Fabre, Les fondements de l’ordre juridique, PUF 1992
- Paul Amselek (ed.), Controverses autour de l’ontologie du droit, PUF 1988
- Michel Troper, La philosophie du droit (The Philosophy of Law), PUF-Que sais-je ?, 2003
- Michel Troper, Pour une théorie juridique de l’Etat (Towards a Legal Theory of the State), PUF-Léviathan, 1994
- Michel Troper, La théorie du droit, le droit, l’Etat (The Theory of Law, Law, the State), PUF-Léviathan, 2002
- Pierre Bouretz (ed.), La force du droit (The Power of Law), Ed. Esprit, 1991
- Michel Villey, La formation de la pensée juridique moderne (The Formation of Modern Legal Thought), PUF-Léviathan, 2003
- Léon Duguit, L’Etat, le droit objectif et la loi positive (The State, Objective Law, and Positive Law), Dalloz (reprinted), 2003
- Raymond Carré de Malberg, Contribution à la Théorie générale de l’Etat, Dalloz (reprinted), 2003
- Hans Kelsen, Théorie pure du droit, trans. Ch. Eisenmann, 2nd ed. (reprinted by LGDJ-Bruylant, 1999)
- Eric Millard and Olivier Jouanjan (eds.), Les théories réalistes du droit, Presses Universitaires de Strasbourg, 2000.
- Jean-Cassien Billier and Aglaé Maryioli, Histoire de la philosophie du droit (History of the Philosophy of Law), Armand Colin, 2001
Journals:
- Archives de philosophie du droit (Archives of the Philosophy of Law)
- Revue de la recherche juridique et de droit prospectif (Journal of Legal Research and Prospective Law)
- Droits (French Journal of Legal Theory, Philosophy, and Culture)
- Political and Legal Philosophy Notebooks
- Law and Society
- Interdisciplinary Journal of Legal Studies
- Juspoliticum (online journal)
Objectives
The University Diploma in Philosophy of Law offers a general education designed to enlighten students and legal professionals 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 content in order to merit obedience? Do judges act as legislators when they interpret and apply laws? Is there a logic to judicial reasoning? Does society spontaneously produce norms even before the legislator intervenes? All these questions are addressed in lectures followed by written and oral exams. Their main purpose is to enable law students, judges, and lawyers to broaden their legal knowledge so that they can gain a broader perspective on the issues at stake in their technical discipline. They offer humanities students the opportunity to understand why a society cannot exist without legal regulation.
Organization
Knowledge assessment
- Article 1: Nature of the courses
2 lectures assessed by a written exam:
- Ontology and epistemology of law (24 hours) Alexandre VIALA
- History of legal thought (15 hours) Nour-Eddine BELABBAS
3 lectures assessed by 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 are no eliminatory marks
- Article 4: Validation of the degree
Students must obtain an overall average of 10/20 to validate their degree. Exams take place in the second half of June. A resit session is organized in the second half of September. Students then retake the exam(s) in which they did not achieve the average.
- Article 5: Grades
12/20: Fairly Good
14/20: Good
16/20: Very Good
Program
2 lectures assessed by a written exam:
- Ontology of law (20 hours)
- History of legal concepts (20 hours)
2 lectures 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 are no failing grades
- Article 4: Degree validation
Students must obtain an overall average of 10/20 to validate their degree. Exams take place in the second half of June. A resit session is organized in the second half of September. Students then retake the exam(s) in which they did not obtain the average.
Admission
Admission requirements
Requirements: 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)
(tel: +33 (0)4 34 43 28 64; e-mail: habiba.abbassi@univ-montp1.fr)
Registration fees: €240 (student rate) €1,200 (professional rate)
Target audience
Recruitment area:
The university diploma is open to law and humanities students who have completed at least the first two years of their bachelor's degree, as well as professionals (judges, administrative court advisors, members of financial courts, lawyers).