Table of Contents
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L-419 Advanced Legal Theory: Legal Hermeneutics
I. Course Description
This is a course under Advancd Legal Theory. It studies the philosophic foundations of legal hermeneutics, its phenomenological, epistemological and historical assumptions and context. The course will study the different theoretical currents that inform the practice of legal interpretation such as the XIX century historical school, the debate between E. Betti and H.G. Gadamer, the Law and Literaure movement, originalism, deconstruction, among others. The ocurse will also cover the principles and rules governing Constitutional, Statutory and Contractual intrerpretation. 2 crédits
II. General Objetcives
The course aims to develop in the student the capacity and ability to analyze legal problem concerning their interpretation. In order to accomplish this aim the students must study the philosophical foundations of legal hermeneutics, particularly their diverse currents of thought. As a result of this process the student should be able to identify and utilize different means of interpretation in the various areas of the law. Also, the course aims to develop an interest in the problems of jurisprudence in general.
The course will also provide the student with the intellectual tools and knowledge to effectively practice the legal profession and to contribute to it and society.
COURSE OUTLINE AND READINGS
A. Description and explanation of the problems of interpretation in general and legal interpretation in particular.
B. The phenomonelogical, epistemological and historical presuppositions for legal hermeneutics
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
The background and/or significance are missing. No search history information is provided.
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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L-419 Advanced Legal Theory