Seminar assignments Contemporary Jurisprudence. Uppsala University Faculty of Law VT 2014, B-period
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1 Seminar assignments Contemporary Jurisprudence Uppsala University Faculty of Law VT 2014, B-period
2 Seminar 1. Legal positivism Read the article Positivism and the Separation of Law and Morals by H L A Hart and pp in the Textbook on Jurisprudence by McCoubrey & White. Prepare an oral presentation of following subjects: 1. Describe Kelsens pure theory of law. 2. A basic tenet of legal positivism is the separation of law and morals. What does it mean? 3. Which tenets is the utilitarian legal tradition based on? 4. Describe and criticize the command theory of law. 5. Why do we have to interpret legal norms according to Hart? 6. What is the so called rule of recognition? Which kind of other rules exist in a legal system? 7. What does Hart mean with the idea of an internal aspect of rules? 8. What is the role of the officials in Hart s theory? 9. How should a judge deal with immoral legal rules? 10. Are there any rules that are necessary in a legal system? If yes, what are these and why are they necessary according to Hart? 2
3 Seminar 2. The theories of Ronald Dworkin and Joseph Raz Read the article Is Law a System of Rules? by Ronald Dworkin and the pp in the Textbook on Jurisprudence and prepare an oral presentation about following questions: 1. What are the central tenets of positivism according Dworkin? 2. What does the law consist of according Dworkin? How does he justify his opinion? 3. What does Dworkin mean with the concept of discretion/judicial discretion? 4. What is meant by the right thesis? 5. Dworkin makes a claim of that there is always one right answer to each legal question. How does he justify this claim? Do you agree? 6. Has Dworkin succeeded in his criticism against legal positivism? 7. Describe exclusionary reasons and delibaretavice phase according to Raz. 8. What does Raz mean by the authority of law? 3
4 Seminar 3. Each group will prepare their own presentation according to the following: Group A. Natural law Group B. Legal Realism Group C. Theory of Justice according to John Rawls Group D. Critical Legal Studies Movement Group E. Feminist Legal Theory 4
5 Seminar 4. The Process of Discovery and the Process of Justification The topic of this seminar is, as one might expect, the distinction between the process of discovery and the process of justification. Read Anderson, Discovery in Legal Decision-Making and Gräns, Some Aspects of Legal Decision-Making in the Light of Cognitive Consistency Theories. Questions to ponder Anderson, Discovery in Legal Decision-Making 1. What is the basic difference between process of discovery and process of justification? 2. How do the legal theories of positivism on the one hand and realism on the other handle the distinction between the two processes? 3. Why are legal realists critical towards legal formalism? 4. Legal realists have a special theory of legal decision-making. Describe this. 5. How is justice related to judge s decision-making according to legal realism? 6. What is the relation between hunching and formal logic according to legal realism? 7. What is the relation between reaching a decision and presenting a decision? 8. Describe Wassertrom s and MacCormick s theory of legal decision-making and Andersson s criticism of their theories. 9. How can judges use evaluations in their reasoning according to Burton and Alexy? 10. How can legal decision-making be studied according to Andersson? Gräns, Some Aspects Gräns begins her article in describing a gap between legal theories and practical legal decision making. What is this gap? 2. What possibilities do we have in order to explain the gap theoretically? 3. What is biased predecision processing? 4. Describe the theories of Janis & Mann, Montgomery and Svensson. 5. How can these theories be used to analyse legal decision making? 6. Describe the experiments conducted by Holyoak and Simon. 7. Which conclusions can be drawn from these experiments? 8. How is the theory of cognitive coherency related to the processes of discovery and justification? 5
6 Seminar 5. Bounded Rationality and Legal Reasoning Previously you have answered to a survey. Originally, each question of this survey has been used in a scientific experiment in order to test how various forms of cognitive bias affect our thinking. Your (= working group) task is to 1. match each question with the corresponding cognitive bias with the help of the text materials (Plous, Scott, The Psychology of Judgment and Decision Making) 2. prepare a presentation of how each cognitive bias affects our reasoning/decision making, also by reflecting over the answers given by the members in the seminar group 3. try to think about examples of how the various forms of bias may affect legal reasoning 6
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