Saint-Louis University - Bruxelles
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MHUB1110 - Introduction to legal sciences


KU Leuven Campus Brussel


Credits : 9

Lecturer :
Mode of delivery :
Face-to-face , first term, 75 hours of theory.

Timetable :
First term
Thursday from 13:30 to 17:30
Friday from 08:30 to 10:30

Language of instruction :
Dutch

Learning outcomes :
This course comprises a thorough introduction into the principles (including the sources) of law. It is the first comprehensive introduction into the technical aspects of positive law, with obvious attention for the values underlying the law and the various legal concepts that are at stake. As such the course offers a framework for legal thinking and lays the foundations for all other legal courses.

HUB-competence scheme

1.1.1. able to express oneself fluently and correctly both verbally and in writing: Competence level 2
1.1.3. capable of solving legal case studies: Competence level 1
1.2.4. able to work independently: Competence level 2
1.3.3. is aware of the importance of the Europeanisation and internationalisation of law: Competence level 2

2.2.1. has analytical capacity, logical thinking and reasoning ability and a critical investigative attitude: Competence level 1
2.2.2. has developed a capacity for legal thinking and reasoning: Competence level 2
2.3.1. able to synthesise: Competence level 2
2.3.2. well-trained capacity for abstraction and for analysis and synthesis, sufficiently broad to be able to think for oneself in a legislative and scientific manner: Competence level 1

3.1.1. has a basic knowledge of and insight into the foundations, principles and structures of the various areas of Belgian law: Competence level 2
3.1.2. has a basic knowledge of and insight into the foundations, principles and structures of European law: Competence level 1
3.1.3. has a basic knowledge of and insight into the foundations, principles and structures of international law: Competence level 1
3.1.4. has general insight into the mutual relationship between Belgian, European and international law: Competence level 2
3.1.5. familiar with the legal arsenal of concepts: Competence level 2
3.3.2. able to express legal reasoning correctly: Competence level 1

Key objectives

1. The course is the first thorough introduction into the technicalities of positive law.
Competence level 1
2. Accordingly, the course offers a general introduction into the structure, the functioning and the contents of Belgian law. Competence level 1
3. Most important is to acquire a thorough understanding of the principles, including the (internal and international) sources of Belgian law. Competence level 1
4. This course aims to familiarize students with the field-specific terminology (i.e. concepts) and the method of legal science.
Competence level 1


Prerequisites :
None

Co-requisites :
None

Course contents :
Overview (32 formal lectures of 2 hours)
01. The law in objective and subjective sense - Definition of the objective law - Imperative nature - Legal rules govern human and external behavior - general and impersonal nature of the legal rule - Legal rules apply in an undefined number of cases.
02. Enforceability of the law (Part I): i) Principle - ii) Various legal sanctions - iii) The procedure of enforcement
03. Enforceability of the law (Part II): iv) Are legal obligations always enforceable ? - The purpose of the law - The law versus other rules for human behavior - A few notions regarding objective law - positive law - procedural and substantive law.
04. Some concepts regarding the law in objective sense: i) common law and specific law - ii) Supplementary rules, imperative rules and rules of public order.
05. Content of the law in objective and subjective sense: i) Classifications of the law: overview - ii) Classification of the law in public and private law - iii) More specific fields of public law - iv) More specific fields of private law - v) Mixed legal fields - vi) national law vs. international and foreign law
06. Fundamental characteristics of the Belgian legal order
07. Legislation as a source of law: i) Sources of objective law: general - ii) Different meanings of the concept "statute" - iii) substantive and procedural legislation - iv) Characteristics of legislation - v) Types of legislation - vi) The Constitution
08. Formal statutes
09. Types of formal statutes - Royal Decrees - Ministerial Decrees - Decrees of the Secretaries of state- pseudo legislation
10. Local law: i) decentralized control - ii) Provinces - iii) Local and state (regions & communities) legal order (Part I): i) Definition and outline of the state reforms
11. The state leval (Communities and Regions): ii) Division of powers between the federal level, communities and regions - iii) State (regions & communities) competences and authorities - iv) State (regions & communities) decrees - V) Governmental decrees.
12. International law
13. Hierarchy of legal rules (Part I): i) Binding nature of statute law: requirements - ii) legality control - iii) Administrative supervision
14. Hierarchy of legal rules (Part II): iv) Conseil d'Etat - v) Review of the Law
15. Hierarchy of legal rules (Part III): vi) Constitutional Court
16. Interpretation of the law
17. Application of the law in time and space
18. General principles of law - customary law - jurisprudence
19. Case law and the administration of justice
20. Natural persons
21. Legal persons
22. Classification of rights according to the object to which they relate - iii) Patrimonial and extrapatrimoniale rights iv) Real rights, actions and intellectual property rights - v) Corporeal and incorporeal rights
23. Movable and immovable property
24. Estate - Abuse of rights
25. Legal facts & legal acts (part I): i) Concepts - ii) Elements (consent)
26. Legal facts & legal acts (Part II): ii) Elements (continued) (object & source) + iii) Fundamental concepts regarding contracts
27. Legalfacts & legal acts (part III): iv) Formation of the contract v) Extinction of the contract
28. Rules regarding evidence
29. Representation (Part I): i) concept- ii) Scope of mandate - iii) effect
30. Representation (Part II): iiI) effect (continued)
31. Question class I : possibility to ask questions. Questions should be send in advance to allow an efficiently treatment
32. Question class II: possibility to ask questions. Questions should be send in advance to allow an efficiently treatment

Furthermore, the students are strongly recommended to attend the evening lectures organised by the HUBrussels Law School law.

Planned learning activities and teaching methods :
The course comprises 32 formal two-hour lectures.
These lectures aim to familiarize the student with the technicalities of the Belgian positive law, by making use of examples and hard cases to discuss. They contribute to a clear and vivid introduction into the structure, the function and the content of Belgian positive law, with emphasis on the concepts, principles (including the sources of law) and the method of legal science. During the lectures, students are invited to interact with the teacher through active participation.

Optional tutorials: 7 sessions of two hours

A test exam that is representative for the final exam will be organised in November. Participation is not mandatory, but is strongly recommended.

Assessment methods and criteria :
Mode of evaluation : Written
Category : final examination during examination period
Type of evaluation : Closed book

Exam period Jan/Feb

Written exam with oral presentation. The questions will regard case studies which can be resolved by applying concepts and theories from the course. In addition, the will be some rather theoretical questions and some multiple choice questions. Students may use a non-annotated code (in Dutch).
A concise, clear, relevant and specific answer is required. When the answer does not meet these criteria, it will receive a negative evaluation.

Recommended or required reading :
None

Other information :
None