Foundations of case law 9.6.Z-III-PpP
Program content:
- The importance and impact of culture in shaping legal systems;
- The history of Shaping of the Anglo-Saxon system;
- Characteristics of the culture common law against the background of other legal cultures, differences of this type of legal culture in specific systems (United Kingdom, United States of America);
- Sources of law in the Anglo-Saxon culture, definition and divisions of precedents significance of precedent for the spontaneous formation of the legal system;
- Differences in legal language and legal system of common law, methods of creation, interpretation and application of the law in relation to the culture of positive law;
-problematyka activism and pasywizmu judges in the culture of Anglo-Saxon and continental;
- Polish law theory on the possibility of applying precedents niesamoistnych the culture of statutory law.
Type of course
Course coordinators
Learning outcomes
Knowledge
Student knows the history of the evolution of political systems and legal systems, institutions of law and its sources; understand the impact on the functioning of the legal culture of society, public authorities and institutions; He or she knows the concept of legal language and legal systems of civil law and common law; He knows and understands much of sources of law in the Anglo-Saxon system and the system of positive law, understand the concept: the right of judges, the principle of the old deisis, the ratio decidendi and obiter dicta; He or she has knowledge of court procedures in common law jurisdictions and the role of interpretation in this type of law.
Skills
Student has the ability coherent, substantive thinking and expression in speech and writing on topics selected issues related to the common law legal culture with the use of theoretical and practical knowledge also in conjunction with and for other disciplines; He or she has the ability to identify similarities and differences in the criteria for shaping the continental and Anglo-Saxon system of law; He or she has the ability to analyze the interpretation of judgments; He or she makes identification of argumentative strategies and has the ability to present their own theses and views.
Social competence (attitudes)
Student has ability to analyze the contemporary significance of the legal systems and the challenges of globalization and regionalization; shaping attitudes towards affirming the diverse legal cultures; He or she has awareness of their knowledge and skills; understands the need for continuous education and development; the ability to deepen their knowledge and keep up with the changes in the law
Assessment criteria
oral exam with open questions (tasks)
Evaluation: based on the knowledge presented during an oral exam
Bibliography
Literature:
A.Basic Literature:
A.1.
1) M. Koszowski, Anglosaska doktryna precedensu. Porównanie z polską doktryną orzeczniczą, Warszawa 2009.
2) L. Morawski, Główne problemy współczesnej filozofii prawa. Prawo w toku przemian, Warszawa 2003.
3) R. Tokarczyk, Współczesne kultury prawne, Kraków 2005.
A.2.
1) L. Morawski, Precedens a wykładnia, „Państwo i Prawo”, nr 10/1996.
2) R. Tokarczyk, Kultura prawa europejskiego, „Studia Europejskie”, nr 1/2000.
B. Suplementarny Literature
1) A. Orłowska, Czy orzeczenia Trybunału Europejskiego są precedensami?, [w:] Teoretycznoprawne problemy integracji europejskiej, red. L. Leszczyński, Lublin 2004.
Additional information
Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system: