TEACHING GUIDE

ACADEMIC YEAR
2014-15
FACULTY OF HUMAN AND SOCIAL SCIENCES

TECHNICAL SPECIFICATIONS OF THE SUBJECT

Details of the subject
Name
Fundamentals of Law
Details of the course
Degree
Course
Semester
Credits (ECTS)
Character
Department
Area
University
Timetable
Professor
Descriptor

Double Bachelor's Degree in International Relations -Translation and Interpretation

First
Second
4,5
Obligatory
Department of Common Disciplines
Philosophy of Law - Faculty of Law
Comillas Pontifical University, Madrid
Three hours per week distributed in two days
Delia Manzanero
General and systematic presentation of the fundamental concepts and institutions
which define the science of Law with special emphasis on the skills of understanding
and interpreting legal documents.

Faculty Data
Professor
Name
Department
Area
Office
e-mail
Tutorial schedule

Delia Manzanero
Department of Common Disciplines (Faculty of Law)
Human and Social Sciences
Professors Room, 5th floor
dmmanzanero@chs.upcomillas.es

By previous appointment

SPECIFIC DATA OF THE SUBJECT

Contextualisation of the subject
Contribution to the professional profile of the degree
The subject of Fundamentals of Law deals mainly with establishing the methodological basis for the study
of the legal disciplines included in the degree. More specifically, the object of the subject is to present
systematically the elements of any legal system (material and formal sources of law) and how any legal
system is intended to govern human coexistence according to criteria of justice in order to prevent and
resolve conflicts of interest arising in a society by means of stable instruments.
One of the aspects that will be emphasised is related to the analysis and understanding of the various legal
instruments, trying to introduce the legal norm as the result of the combination of different economic,
social, historical and ethical factors which are present in different societies as stated by the phrase "ubi
societas ibi ius" ("if there's a society, law will be there" or "as a society, so is its law").
The study of this subject will enable students to acquire rich and precise legal vocabulary and appropriate
oral and written communication in English and in their own language in order to associate the precise use
of language with the complexity and accuracy of the mental constructions of a science such as the legal one.

Prerequisites
Being a subject framed in the section dedicated to disciplinary and methodological
foundations, no prerequisites are required.

Competences Objectives*
* In the skills associated with the activities described in the section on teaching methodology, the Learning Results to be
obtained are specified in more detail.

Generic competences of the degree-course

Instrumental
- CGI1 Capacity for analysis and synthesis
RA1 Describes, connects and interprets situations and simple approaches
RA3 Identifies information gaps and establishes relationships with elements external to the given
situation
-CGI2 Capacity for organisation and planning
RA1 Plans his/her personal work in a viable and systematic way
RA2 Integrates and participates in the organised development of a group work
- CGI3 Basic knowledge of the field of study
RA1 Uses primary sources on the different areas and subjects
RA3 Distinguishes key aspects of the basic disciplines that support his/her training
- CGI7 Ability to search and to manage information
RA1 Is able to search for and analyse information from different sources
RA4 Incorporates information to his/her own discourse
RA5 Manages databases relevant to the field of study
Interpersonal
- CGP14 Works in an interdisciplinary team
RA1 Relates concepts in an interdisciplinary or cross-curricular way
RA2 Extracts common denominators among different subjects
- CGP16 Works in an international context
RA3 Detects problems arising from cultural differences
Systemic
- CGS18 Intellectual work capacity
RA2 Changes and adapts his/her initial ideas in the light of new information
RA3 Is curious about the topics addressed beyond the grades
- CGS19 Ability to apply knowledge to practice
RA2 Correctly identifies information applicable to each situation
RA4 Solves case studies that present a real professional situation
Specific competences of the area-subject
Conceptual (know)
- CE14 Knowledge of the basic terms, theories and methodologies of Law
RA1 Understands the main configuration processes of Law
RA2 Knows the historical, theoretical, philosophical and sociological fundamentals of Law
RA3 Knows the major sources of Law
RA4 Distinguishes the main rules which define the legal system
Procedural (know-how)
CE14
RA5 Shows skills in the application of key legal concepts
Attitudinal (how to be)
Develops his/her own criteria about legal or iusphilosophical issues or conflicts with judgment and
ethical scope

THEMATIC SECTIONS AND CONTENTS

Contents Thematic Sections
SECTION 1: BASIC CONCEPTS. LAW, NORM AND LEGAL SYSTEM
Unit 1: Introduction to the study of law
1.1 The Concept of Law
1.2 The projection of law. The legal sphere
1.3 The legal system and objective Law
Unit 2: The legal norm (I)
2.1 Concept
2.2 Structure of the norm
2.3 Characters of the norm
2.4 Typology of normative systems
2.5 Conceptual delimitation of law and morality and social uses
Unit 3: The legal norm (II)
3.1 Compulsory effectiveness of the norm, the general duty of compliance with norms
3.2 Sanctioning effectiveness and enforceability of the norm
Unit 4: Methodological assumptions: The Is-Ought problem, Law and Legal Values
4.1 Law as a social and cultural phenomenon and as a form of social organisation
4.3 Law as a security system: legality and legitimacy
4.4 Law as a generator of social change: Law, Security, Justice
4.5 Constitutional law. Fundamental basis of the political organisation. Its guarantees
4.6 Introduction to the Spanish constitutional system
SECTION 2: SOURCES OF LAW
Unit 5: Sources of Law (I)
5.1 Material and formal sources of Law
5.2 Validity, effectiveness and justification of legal rules
5.3 Essential Perspectives of Law: Philosophy of Law, Sociology of Law and Science of Law
5.4 The task of the jurist. Methodological Pluralism
5.5 The argument of legal logics
5.6 Rudiments of legal logics
Unit 6: Sources of Law (II)
6.1 Natural and social sources, positive laws
6.2 Supranational sources
6.3 Law diversity and unifying tendencies of legal systems
SECTION 3: THE DIFFERENT CONCEPTS OF LAW
Unit 7: The different conceptions of law
7.1 Iusnaturalism
7.2 Legal Positivism
7.3 Legal Realism
7.4 Legal Hermeneutics
Unit 8: Application and interpretation of Law
8.1 Law as argumentation
8.2 Elements or interpretation criteria
8.3 The problem of legal gaps. Equity
8.4 The possibility of neutrality in law and the tension between the Common Law and the democratic
tradition
8.5 Contemporary debate: Ronald Dworkin and Jeremy Waldrom

SECTION 4: BRANCHES OF LAW

Unit 9: The branches of law
9.1 Criminal Law
9.2 Administrative Law
9.3 Financial and Tax Law
9.4 Civil Law
9.5 Commercial Law
9.6 Procedural Law
SECTION 5: HUMAN RIGHTS
Unit 10: The person as a subject of law
10.1 Natural person and legal person
10.2 Legal personality and capacity to act
10.3 Theory of civil status
Unit 11: Fundamental rights
11.1 Concept of fundamental rights or personality rights
11.2 Historical development of human rights
11.3 Processes of positivisation, generalisation, universalisation and specification
11.4 Exercise and limits of subjective rights
11.5 Multiculturalism and fundamental rights

TEACHING METHODOLOGY
General methodological aspects of the subject
The subject is structured around 11 core topics of Law prepared by the professor. These topics will be a starting point
both for expanding theoretical knowledge from the outlines proposed by the professor and for the application of such
theoretical knowledge to practical examples suggested as classroom activities and/or home study.
The units will be given a varied approach in order to present different ways of approaching the knowledge of the
subject; in general, the preparation of the topics of study is based on:
- Systematic presentation of knowledge through generic and specific levels of institutions and legal concepts
(logical trees, comparison charts, diagrams).
- Diachronic explanation of certain phenomena in order to associate the evolution of Law to social, economic
and cultural factors present in each moment.
- Explanation of legal concepts and institutions from the sources (literal and semi-literal quotations of norms,
fragments of sentences).
The material provided by the professor for the theoretical study is accompanied by a dossier which includes news, book
excerpts, historical references and other legal texts identified by numbers and associated to the part of the unit which
they illustrate. The purpose of this dossier is to present to students the legal concepts as a subject connected to reality, to
be used as material for the participatory in-site activities and off-site activities listed below and to act as an incentive for
students to expand their knowledge.
The topics are interconnected, with reference to the ideas presented in previous units and serving as a theoretical base
for thorough study of issues of greater complexity.
In the Moodle resource portal the Professor will provide the students with additional material and exercises or materials
for individual or group work. The portal also offers links to various online legal document databases and serves as a
channel of communication between students themselves and with the professor.
The following are various activities inside and outside the classroom and the competences expected to be developed by
means of them.

Methodology: on-site Activities

Competences

1) Expository lessons (AF1):

Lecture consisting on the explanation of the contents of the subject in a clear
and structured way by the professor for further integration by the student in
order to be able to understand and incorporate new concepts from an outline
proposed by the Professor.
From this brief outline of the general lines of each unit and the theoretical
problems of understanding that may arise, students should extend class
explanations with additional material available for them on the Moodle
platform.
In the lectures the professor may accompany the explanation with
bibliographic sources, ICT or other appropriate means, and will formulate
various questions in order to test whether the student adequately understands
the contents explained.

2) Practical exercises / problem solving (AF2):

Taking into account the knowledge acquired in the lecture of the previous
lesson and by consulting the complementary online documentation,

Percentage
of
attendance

100%

CGI3 Basic
knowledge of the area
of study
RA1 Uses primary
sources

25%

analysis of news reports and documentation of varying legal contents where

there appear questions related to the practical topics previously explained or
studied.
For the analysis of the practical application of the theoretical knowledge of
the syllabus, the professor will eventually raise different issues in dispute
and will ask for voluntary interventions. Thus it becomes necessary for the
student to attend the lesson after having practised a thoughtful reading of the
material to be treated.

on different areas and

subjects. (Legal sources
distinguishing between
general norms,
resolutions and sources
of rights and obligations
for the parties to an
agreement).
CGP16 Working in an
international context
RA3 Detects problems
arising from cultural
differences (Comparative
Law).

3) Practical exercises / problem solving (AF2):

In addition to the theoretical explanation of the institutions, the professor will
periodically present comprehension exercises and exercises for the application
of theoretical knowledge that will consist of:

CGI1 Capacity of
analysis and synthesis
RA1 Describes,
connects and interprets
situations and simple
approaches. (With a
simple case approach, the
student must identify the
parties and interests
involved and possible
solutions, and provide a
solution based on basic
criteria of justice).
CGI7 Ability to search
for and manage
information
RA1 Is able to find and
analyse information from
various sources. (Search
of legal documents taking
into account the
particularities of legal
documentation: renvois,
hierarchy of norms,
relationship between
norms of international
creation and of national
creation, basic norms and
norms of development,
etc.).
RA5 Manages
databases relevant to the
area of study. (Bases of
national and international
law, knowledge of legal
criteria for document
search).

- critical reading of a norm (identification of factual assumption / legal

consequence, normative referrals, system of hierarchy of norms, etc.) and
solving case studies of increasing difficulty by consulting different sources of
legal documentation;
- critical reading of judicial decisions (structure of the courts, judicial orders,
instances and systems of appeal) identifying the problem given, the logical
thread of motivation and practical resolution of the same. Also this exercise will
follow an increasing order of difficulty;
- Legal commentary on current journalistic texts (distinction between
journalistic approach and scientific approach to news of legal contents).
These exercises will be given by the professor at the end of the on-site sessions,
the intended objective will be explained and a standard example will be
provided. In the next classroom lesson, doubts arising will be solved and
exercises will be corrected. This activity will require the student's work in offsite sessions tutored by telematic means or in person tutorial with the professor.

25%

4) Practical exercises / problem solving (AF2):

Exercise on "mooting" or "moot court". In Anglo-Saxon schools of legal
education, it is customary to pose a fictional factual assumption that must be
resolved through a mock trial in which students are divided into groups and
assume the role of all ordinary actors (judges, parties, lawyers, experts, etc.).
The purpose is to critically analyse a case study, to find documentation
supporting a claim and to defend it verbally supporting ones own arguments
and finding the weaknesses of others.
There will be two exercises of this kind, combining on-site methodology
(mock trial itself) with off-site methodology (trial preparation by student
groups under the guidance of the professor).

Methodology: off-site Activities

The off-site activities are related to the types of in-site activities discussed
above. More specifically:
Personal study and documentation (AF5):
- In connection with Activity 1 lectures the student will be
responsible for studying and interrelating the contents of the lectures,
by means of which students will develop their ability to analyse and
synthesise.

CGI2 Capacity for

organisation and
planning
RA2 Integrates and
participates in the
organised development
of group work.
CGI7 Ability to search
for and manage
information
RA4 Incorporates the
information to his/her
own discourse.
RA5 Manages
databases relevant to the
area of study. (Bases of
national and international
law, knowledge of legal
criteria for document
search).
Competences

25%

Percentage
of
attendance

Those indicated in the

corresponding
sections of in-site
activities.

0%

Personal study and documentation (AF5):

- Regarding activity 2 analysis of news reports and documentation of varying
legal contents students will have to carry out a thoughtful reading of the
materials to be treated before the lesson or read the texts suggested by the
professor for later comment.

Those indicated in the

corresponding
sections of in-site
activities.

0%

Practical exercises / problem solving (AF2):

- Regarding activity 3 comprehension exercises, students will have to
individually solve different exercises, taking as a starting point both the
theory explained and professor tutorials.

Those indicated in the

corresponding
sections of in-site
activities.

25%

Likewise, the student will be asked to prepare and develop outlines and
summaries of the theory explained in the units in a comprehensive and
open way (incorporating the information provided by the professor and
that gained by the student under the supervision of the professor).

Individual / group presentations (AF4):

- In connection with activity 4 "mooting" or "moot court" exercise
students must complete a team work analysis, documentation and defence
of a case study proposed by the professor. The professor will guide the
work of each group, trying to give them increasing organisational and
working autonomy. In any case, the theoretical issues of some complexity
that may arise throughout the process of preparing the legal defence of a
case will be solved by the professor, who will explain to students the
process followed to complete the necessary theoretical knowledge.
Individual / group work (AF3):
In addition to the aforementioned activities, students will be proposed to
develop a theoretical monograph on a catalogue of topics suggested by the
professor or by the students themselves and that will be directed to the critical
analysis of issues related to theory. Once supervised by the professor, the
result of the papers will be made available to other students.

Those indicated in the

corresponding
sections of in-site
activities.

CGI2 Capacity for

organisation and
planning
RA1 Plans his/her
personal work in a viable
and systematic way.
CGI7 Ability to search
for and manage
information
RA1 Is able to find and
analyse information from
various sources.
CGP14 Work in an
interdisciplinary team
RA1 Relate concepts in
an interdisciplinary or
cross-curricular manner.
CGS18 Capacity for
Intellectual work
RA2 Changes and
adapts his/her initial
ideas in the light of new
information.
RA3 Is curious about
the topics addressed
beyond the grades.

40%

20%

ASSESSMENT AND GRADING CRITERIA

Assessment Activities

CRITERIA
WEIGHT
- Providing reasoned views from
SE5, SE3
the theoretical study.
Class Attendance.
- Ability to associate concepts
Active participation of students in text commentaries made
and perspectives as a result of
in the classroom.
30 %
his/her learning outcome.
Oral presentation of papers.
- Openness to other points of
view and capacity to modify
his/her initial criterion.
SE1
At the end of the term there will be a final test where
students will answer theoretical questions and do a legal text
commentary related to the topics taught.

- Command of concepts.
- Clarity of explanation.
- Grammatical Correction.
- Command of syntax and
expository structure.

70 %

SUMMARY OF THE WORK PLAN AND TIMETABLE

In site-activities and Off-site activities
Writing / presentation of monographs

Date of
completion
By week
12

Deadline
Week 12

SUMMARY OF STUDENT LEARNING HOURS

IN-SITE HOURS

45

OFF-SITE HOURS

75,5
9

BIBLIOGRAPHY AND RESOURCES

Basic Bibliography
Textbooks
- COLEMAN J. & SHAPIRO S. (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law, New York,
Oxford University Press, 2002, 1050 pp.
-FARALLI, C., La Filosofa del Derecho Contempornea, Madrid, tr. Falcn y Martnez Muoz, Universidad
Complutense, 2007, 341 pp.
-FASSO, G., Historia de la Filosofa del Derecho contempornea, Madrid, Pirmide, 1979.
- FEINBERG, J. & COLEMAN, J. (eds.), Philosophy of Law, Belmont, USA, Thomson Higher Education, 8th
edition, 2008, 968 pp.
-LPEZ HERNNDEZ, J., Introduccin histrica a la Filosofa del Derecho contempornea, Murcia, Ediciones de
la Universidad de Murcia, 2005, 142 pp.
-PREZ LUO, A.E., Estado de Derecho, Derechos Humanos y Constitucin, Madrid, Tecnos, 1986.
-TRUYOL Y SERRA, A, Historia de la Filosofa del Derecho y del Estado, Madrid, Biblioteca de la Revista de
Occidente, 1976.
- VILLEY, M., Filosofa del Derecho, Barcelona, Scire, 2003.
-VIOLA, F. and ZACCARIA, G., Derecho e Interpretacin. Elementos de Teora Hermenutica del Derecho,
Madrid, tr. Gregorio Robles, Dyckinson, 2007, 452 pp.
- WELZEL, H., Introduccin a la Filosofa del Derecho. Derecho natural y justicia material, Buenos AiresMontevideo, BdeF, 2011, 343 pp.

Online Encyclopedia Entries

- FINNIS, J., Natural Law Theories, Philosophy of Law (pp. 1-54), & Natural Law, Stanford Encyclopedia of
Philosophy , http://plato.stanford.edu/entries/natural-law-theories/
-MARMOR, A., Nature of Law, Stanford Encyclopedia of Philosophy , http://plato.stanford.edu/entries/lawphilnature/
-STAVROPOULOS, N., Interpretivist Theories of Law, Stanford Encyclopedia of Philosophy ,
http://plato.stanford.edu/entries/law-interpretivist

Articles
- ALEXY, R., On Necessary Relations between Law and Morality, at Ratio Iuris 2:2 (July 1989), pp. 167-183.
- GRANDE, M., En torno al fundamento del Derecho. Derecho Natural en el siglo XX, Posiciones y conceptos
(online journal), Madrid, 0, 2004, 25 pp.

Websites
- Stanford Encyclopedia of Philosophy: http://plato.stanford.edu/
- United Nations, Documents: www.un.org/documents/index.html
- Organization for Security and Co-operation in Europe: www.osce.org
- Governments on the WWW: Table of Contents: www.gksoft.com/govt/en
- EUR-Lex. Access to European Union law: http://eur-lex.europa.eu/homepage.html

Notes and other materials

Given the introductory nature of the subject and the scope of topics and issues of a subject of theoretical
fundamentals, the educational resources are structured as follows:
Notes made by the professor (per unit with an extension of approximately 8 pages) structured from a
general introduction and outlines.
Specific Bibliography commented at the end of each unit.
Dossier of each unit comprising news reports, database references and documental searches,
commentaries to sentences, fragments of books and other works, which serve as a practical example of
how legal rules and institutions work.

10