2024-2025
FOUNDATIONS OF LAW
DERDE BACHELOR RECHTEN, KU LEUVEN
,INHOUDSOPGAVE
What is “foundations of law”? 1
Session 1: theoretical and historical foundations
Session 2: what is law? 3
What is the “Rule of law”? 4
Session 1: Rule of law
Session 2: An international rule of law and artificial intelligence
5
What is “Justice”?
Session 1: Legal positivism and validity
Session 2: The nature of law and justice
What is a “trial”?
Session 1: Exploring Trial, Judgement, and Performance
Session 2: Judgment, punishment, justice and victimology
What is a judge?
Session 1: Theoretical and Philosophical Perspectives
Session 2: Judicial roles and interpretative powers
What is judicial decision-making?
Session 1: Understanding the Foundations of Judicial behavior and decision processes
Session 2: On the setting of judicial decision-making
What is a (human) right?
Session 1: Foundations of Rights
Session 2: Understanding and enforcing human rights
What is a human (right)?
Session 1: From rights to humanity
No Session 2 this week
What is a crisis?
Session 1: Exploring Legal and Philosophical Positions on Crises
Session 2: Guest Lecture Arvid Rochtus: case study Covid-19
What is law with technology?
1
,Session 1: Guest Lecture on the rights of nature
Session 2: Exploring the technological transformation of law and justice
What is law without technology?
Session 1: Why it is important to take a look at the past
Session 2: The decision-making process revisited
What is a lawyer?
Session 1: Defining the lawyer’s place in law and society
Session 2: Shaping lawyers, justice and society (or: what are we doing here?)
6
2
, WEEK 1 LECTURES: WHAT IS “FOUNDATIONS OF LAW”?
SESSION 1: THEORETICAL AND HISTORICAL FOUNDATIONS
Learning objectives to focus on:
- Understand the concept of “foundations of law”
- Explore the historical development of legal systems
- Learn key theoretical frameworks in legal theory
- Prepare by applying these concepts to real-world issues
Why is it important to know the Foundations of Law?
- Understanding Legal Systems and Their Functioning: their structure
- Critical Evaluation of Law: question laws that exist, strengths and weakness
- Navigating Legal Practice: legal reasoning
- Contextualizing Legal Education and Practice
- Global and Comparative Perspectives
What are the foundations of law?
how do we understand law internal and external?
Internal foundations: = internal elements of law
• Legal doctrines, reasoning (proces to reach conclusion), rules and structures such as
the courts
‘the machinery of law’, the guidelines
External foundations: = external elements of law
• Historical (specific times and momentums define law), societal (values, norms),
philosophical influences (what is the nature of law? Why do we have a legal system?)
3 main foundations of law:
1) Historical foundations of Western legal systems
- Code of Hammurabi (Codification, Written Law)
o oldest code, systematical approach
o introduces that law can be codified, codification allows laws to be more stable
- Greek Law (Plato, Aristotle: Natural Law)
3
FOUNDATIONS OF LAW
DERDE BACHELOR RECHTEN, KU LEUVEN
,INHOUDSOPGAVE
What is “foundations of law”? 1
Session 1: theoretical and historical foundations
Session 2: what is law? 3
What is the “Rule of law”? 4
Session 1: Rule of law
Session 2: An international rule of law and artificial intelligence
5
What is “Justice”?
Session 1: Legal positivism and validity
Session 2: The nature of law and justice
What is a “trial”?
Session 1: Exploring Trial, Judgement, and Performance
Session 2: Judgment, punishment, justice and victimology
What is a judge?
Session 1: Theoretical and Philosophical Perspectives
Session 2: Judicial roles and interpretative powers
What is judicial decision-making?
Session 1: Understanding the Foundations of Judicial behavior and decision processes
Session 2: On the setting of judicial decision-making
What is a (human) right?
Session 1: Foundations of Rights
Session 2: Understanding and enforcing human rights
What is a human (right)?
Session 1: From rights to humanity
No Session 2 this week
What is a crisis?
Session 1: Exploring Legal and Philosophical Positions on Crises
Session 2: Guest Lecture Arvid Rochtus: case study Covid-19
What is law with technology?
1
,Session 1: Guest Lecture on the rights of nature
Session 2: Exploring the technological transformation of law and justice
What is law without technology?
Session 1: Why it is important to take a look at the past
Session 2: The decision-making process revisited
What is a lawyer?
Session 1: Defining the lawyer’s place in law and society
Session 2: Shaping lawyers, justice and society (or: what are we doing here?)
6
2
, WEEK 1 LECTURES: WHAT IS “FOUNDATIONS OF LAW”?
SESSION 1: THEORETICAL AND HISTORICAL FOUNDATIONS
Learning objectives to focus on:
- Understand the concept of “foundations of law”
- Explore the historical development of legal systems
- Learn key theoretical frameworks in legal theory
- Prepare by applying these concepts to real-world issues
Why is it important to know the Foundations of Law?
- Understanding Legal Systems and Their Functioning: their structure
- Critical Evaluation of Law: question laws that exist, strengths and weakness
- Navigating Legal Practice: legal reasoning
- Contextualizing Legal Education and Practice
- Global and Comparative Perspectives
What are the foundations of law?
how do we understand law internal and external?
Internal foundations: = internal elements of law
• Legal doctrines, reasoning (proces to reach conclusion), rules and structures such as
the courts
‘the machinery of law’, the guidelines
External foundations: = external elements of law
• Historical (specific times and momentums define law), societal (values, norms),
philosophical influences (what is the nature of law? Why do we have a legal system?)
3 main foundations of law:
1) Historical foundations of Western legal systems
- Code of Hammurabi (Codification, Written Law)
o oldest code, systematical approach
o introduces that law can be codified, codification allows laws to be more stable
- Greek Law (Plato, Aristotle: Natural Law)
3
