Foundations of Law

Full course description

This course will introduce students to the historical, philosophical, and economic foundations of law, a thorough understanding of which being indispensable in order to arrive at a true comprehension of the positive law. Through the lens of three meta-juridical disciplines, students will be confronted with questions regarding the nature of the law and its (ideal) role in society. First, the law will be examined from a legal-historical perspective to make students aware of the main political, social, and cultural events throughout history that shaped the (Western) European legal systems of today. The second discipline of philosophy of law will guide students through the normative foundations of law, comparing legal norms with those of a social, political, or moral nature and whilst dealing with questions concerning the justification and enforceability of state law. Third, students will be introduced to the multidisciplinary study of law and economics, to raise awareness of the economic reasoning behind – as well as the economic consequences of – legislative and contractual decisions. The course will employ a chronological approach that guides students – in the form of both lectures and tutorials – through the main events and the most influential actors which constitute the Foundations of (European) law.