Introduction to Law

Course titleIntroduction to Law
Chair of International Law and Theoretical Legal Sciences, Jurisprudence and Methodology
Number of ECTS credits6 Ivana Tucak
Office AddressRadićeva 13 Potkrovlje- 54
Telephone+385 31 224 5543 Predrag Zima
Office AddressRadićeva 13 R-17/11
Telephone+385 91 2245 509
Course content

1. Introduction Types of regulation of societies (customs, morality, law). Historical types of legal study and legal opinion. Social position and social role of lawyers. Legal profession. Concept and main forms of legal activity. Legal science. Division and systematics of legal sciences. Methodology of legal sciences. The significance of the introduction to law in the system of legal sciences and law teaching. 2. Country A) Name of the country. The origin of the state. Theories about the origin of the state. Termination of the state. State changes and changes in the state. State territory. Population. Citizen. Citizenship. The state and the international community. State and international law. The state and the church. B) The goal of the state. Functions of the state. State activity. Legal organization of the state. State body. Types of state bodies. Officials. Legislation. Legislature. Parliamentarism. Legislative procedure. Government. Concept and system of government. The concept of administration. Types of legal bodies and the principle of administration. The problem of bureaucracy and bureaucratism. Courts. Organization of types of courts. Court proceedings. C) Sovereignty. Theories about sovereignty. People's sovereignty. National sovereignty. Sovereignty of citizens. State and society. Social conflicts. Social regulation. Mechanisms and goals of social regulation. State and political organization of society. The term and types of political parties. Interest groups and the state. State and social classes. State and ethnic communities. State and nation. D) Theories about forms of state and types of political rule. Ancient theories (Plato, Aristotle). Montesquieu's theory. Types of political rule by M. Weber. Systematics of state forms. Form of government. Monarchy. Absolutist monarchy. Parliamentary monarchy. Republic. Types of republics. Form of state organization. Concepts of centralization and decentralization. Forms of decentralization. Self-management. Systems of self-government. Examples of self-governments (regional and political autonomies). Unitary state. A complex country. Federation. Confederation. Form of political regime. Autocratic political regimes. Democracy. Real and formal democracy. Parliamentary democracy. The concept of separation of powers. The relationship between legislation, administration and the judiciary. Separation of powers in the USA. The government system. E) Historical types of states. A modern state. Contemporary political ideologies. Liberalism. Conservatism. The main problems of the modern state. Democratic principles of organizing the modern state. Legal state. Public opinion. Problems of the legal organization of the modern state. Elections. Voting right. Rights and freedoms of man and citizen. 3. Law A) Social norms. Types of social norms. Custom. Morals. Legal norm. Elements of the legal norm. Types of legal norms. Specified and unspecified norms. Complete and incomplete norms. Concrete and absolute norms. Forms of normative expression. Efficiency. Validity. Legality and legitimacy. Legal liability. Illegality. Exclusion of illegality. Guilt. Punishment. Purpose of punishment. The operation of legal norms in space. The effect of legal norms in time. Retroactivity. B) Concept of legal act. The principle of legality. The political aspect of the principle of legality. Legal remedies. Sources of law. Material sources of law. Formal sources of law. Constitution. Laws. By-laws. Court acts (judgments). Customary law. Social law. Acts of private persons. Legal affairs. Contract. Legal science as a source of law. Jurisprudence. Case law. Just right. The nature of things as a source of law. C) Concept of legal relationship. Legal facts. Legal subjects. Natural persons as subjects of law. Legal persons as legal entities. Representation. Subjective law. Exercise of subjective rights. Means against the realization of subjective rights. Abuse of subjective rights. Acquired rights. Legal obligation. Termination of legal relations. D) System of rights. Criteria for the systematization of law. Legal system and legal order. Legal institution. Legal branch. Main legal branches. Groups of rights. Substantive and formal law. Public and private law. International law. Main types of legal systems: Anglo-Saxon and continental law. Statics of the legal system. Dynamics of the legal system. Deficiencies of legal systems (antinomies in law). 4. Technique of law Concept of legal technique. Legal rhetoric. Application of rights. Creation of rights. Interpretation of law. Interpretation methods. Approaches to interpretation (statistical and dynamic, objective and subjective). Ratio legis. Occasio legis. Legal exegesis. Free creation of rights. Interpretation with regard to persons. Interpretation with regard to mandatory force. Authentic interpretation. Casuistic interpretation. Doctrinal interpretation. Interpretation technique. Basics of the theory of legal reasoning. Legal logic. Legal topic. Formal logic and legal interpretation. Legal argumentation. Systemic interpretation. Historical interpretation. Teleological interpretation. Legal gaps. Legal analogy

Course learning outcomes

Expected learning outcomes for the subject After taking the course and passing the exam, students should be able to: 1. recognize different types of states, both modern and those of the past; 2. distinguish and recognize: the functioning of the basic institutions of states and international organizations, the question of legal in relation to other norms that exist in societies, how legal norms are adopted at the national, local and regional level; 3. to distinguish various types of legal norms according to who makes them, how they are made, and what their legal force is; 4. define and differentiate the basic concepts of law: legal relationship; legal norm, legal subject, legal object; characteristics and types of legal affairs; 5. analyze existing sources of (positive) law and their use.,

☑ Lectures
☑ Seminars and workshops
☐ Exercises
☑ Independent tasks
☐ Multimedia and internet
☑ Distance education
☑ Office hours
☐ Laboratory
☐ Field work
☐ Mentoring work
☑ Knowledge test
☑ Oral exam
☑ Written exam
☑ Colloquium
Required reading
Duško Vrban. Država i pravo - odabrana poglavlja. 2003. Golden marketing
Optional reading