Introduction to law and public institutions

Academic year: 2010-2011 Course code module 1BPSW-02 Semester: 2nd semester Credits: 6 Study load (hours) 168 Theory (hours): 45,00 Practice/Exercises(hours): Other (hours): Part-time program: 1/2 Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 2nd semester Contract restriction information: 1. Prerequisites *Algemene competenties Degree secondary education Ability to follow the news   *Sequentiality None 2. Objectives (expected learning outcomes) 1) ability to situate the phenomenon of law as a social institution: what is the function of the law, how do the institutions function, which are the sources of law and how do they relate 2) Knowledge about what subjective rights are, how they emerge, are executed and dissapear aznd the basic principles concerning freedom of contract, tort and abuse of rights. 3) Understanding of the way legal and social institutions are interwoven and application to cases related to tort and marriage 4) Understanding of law as in instrument to protect persons against arbitrary government action. Basic insight in principles of proper administration, law making and jurisdiction; basic insight in the way human rights protect persons 5) Knowledge of the institutions where political power is executed, the history and basic principles which govern public institutions. 6) Insight in relations of political power and their relation with public institutions. 7) Application of the subject-matter to actuality. 8) Being able to discuss subjects relating to the course: situate, evaluate, criticise. 3. Course content In the first part the course offers an introduction to objective law: a definition of law as a legal system and the sources of law: legislation, case law, doctrine, costums, principles of law and equity. Specific attention goes to rules which dominate the relation government - individual persons: principles of proper legislation, administration and jurisdiction, and human rights. The course also deals with persons as subjects of law, giving attention to categories of subjective rights in general and freedom of contract in particular. The relation between society and law is discussed by means of two case topics: marriage and tort. In the second part follows an overview of the fundamental principles which govern the Belgian state organisation, of the public institutions on national and international level and of the the way in which political powers functions within these structures. The federal institutions, the regional and community institutions and the European Union and United Nations are highlighted. 4. Teaching method Direct contact: Lectures 5. Assessment method Exam: Written, without oral presentation Closed book 6. Compulsory reading – study material There is a written syllabus. On Blackboard appear ppt. presentations, schemes and documentation on a weekly basis. 7. Recommended reading - study material Nihil. 8. Tutoring The assistent, Werner Vandenbruwaene, gives two repetition classes and a trial exam. Students can ask questions to patricia.popelier@ua.ac.be or werner.vandenbruwaene@ua.ac.be on a permanent basis. Written questions and answers are put on Blackboard, available for all students. laatste aanpassing: last update: 16/12/2010 11:13 patricia.popelier

Legal Argumentation theory - Legal Terminology - Debate Seminar

Academic year: 2010-2011 Course code module 1BREC-22 Semester: 1st and 2nd semester Credits: 6 Study load (hours) 168 Theory (hours): Practice/Exercises(hours): 60,00 Other (hours): Part-time program: Instructor(s) Koen Lemmens Karl Hendrickx Cathy Berx Patricia Popelier Fernand Tanghe Language of instruction: Dutch Semester exam information: exam in the 1st and/or 2nd semester Contract restriction information: exam contract not possible 1. Prerequisites *Algemene competenties Secondary education degree Secondary education learning outcomes Sufficient general knowledge of Dutch, French, English and German. * Particular prerequisites for Dutch legal language (legal terminology) Students master the Dutch language both actively and passively, both in writing as in speaking. Students have a general knowledge of the grammatical terminology of the Dutch language. Students are willing to reflect on their own language use and that of others, to evaluate it and to modify it where necessary according to the knowledge acquired during the course. *Sequentiality None 2. Objectives (expected learning outcomes) Legal argumentation theory: the students are able to develop argumentative strategies on the basis of the newly acquired knowledge they become aware of errors of thought (sophisms,…) and understand why they are misleadingly convincing t hey can use the newly acquired knowledge in a legal context (paper, written statements, pleadings, ) Dutch legal language Students are aware that the law and the administration have their own specific language varieties which deviate from the everyday language use. Students know the specific (lexical, syntactical, textual and conventional) characteristics of Dutch legal language. Students can enumerate them and describe them in their own words. They do not have to give technical linguistic definitions. Students can indicate how and to what extent these characteristics can cause communication problems. Students can themselves point out those characteristics in legal texts, assess whether they obstruct the communication and correct them if necessary, thus enhancing the comprehension of the text and its structure. Students know the main conventions and writing strategies for the most important legal text types (letters, judgements, legislative texts) and can apply them. Debate Training of oral fluency in the use of juridical language, based on the analysis of juridical texts concerning specific problems Active participation in debates on current juridical problems Learning the "art of debating" (its rhetorical, strategic, psychological, problem-solving etc. aspects) 3. Course content Legal argumentation theory: The course consists of 4 parts. In the first part, students will be introduced into the elementary elements of an argumentation. Here, the link with formal logic is evident (modus ponens, modus tollens,…)   The second part is dedicated to the study of errors of thought. In this part, we will go into social-psychological experiments.   The third part deals with the structure of an argumentation and with rhetoric.   Finally, we will have a closer look at some specific features of legal reasoning. Dutch legal language In the first three lectures, students are offered an introduction in the communication problems of Dutch legal language, the historical and actual causes of those problems and the difficulties of determining the Dutch language norm in Belgium. The following classes deal with the lexical, syntactic, textual and conventional problems of legal language. Each time, exercises are made in order to learn to recognize and if possible to amend those problems. A preparation and an active participation during the classes is expected. In the last classes, the characteristics of a number of legal text types are dealt with. Furthermore, it is tried to clarify the structure and to enhance the communicative value of those texts. Debate Students are offered the possibility to get used to specific problems having juridical relevance and discuss them in group. The subject matter concerns often current problems treated in recent legislation and parliamentary debates; their analysis elucidates not only the technical aspects but emphazises the historical, social, economical, ethical backgrounds of the law 4. Teaching method Direct contact: Lectures Tutorials Skills training 5. Assessment method Exam: Written, without oral presentation Closed book Multiple choice Open questions Continuous assessment: Participation in classroom activities Discussionbased exam 6. Compulsory reading – study material Legal argumentation theory: J. Verplaetse, For the sake of argument. Argumentatieleer voor juristen en ethici , Antwerpen, Maklu, 2008. Dutch legal language Karl Hendrickx, Juridische taaltips. Mechelen, Kluwer, 2008 Powerpoint-presentations and additional material will be available on Blackboard. Debate Folder of documents concerning the selected problem(s); can be consulted on blackboard and may change from year to year 7. Recommended reading - study material Dutch legal language  Jan Renkema, Schrijfwijzer, Den Haag, Sdu, 2002. Willy Smedts e.a., Correct Taalgebruik, Kortrijk-Heule, UGA, 2001. 8. Tutoring Students can always contact the instructor by mail. laatste aanpassing: last update: 21/02/2011 10:40 katia.detemmerman

Legal Argumentation theory - Legal Terminology - Debate Seminar

Academic year: 2010-2011 Course code module 1BREC-A-22 Semester: 1st and 2nd semester Credits: 6 Study load (hours) 168 Theory (hours): Practice/Exercises(hours): 22,00 Other (hours): Part-time program: Instructor(s) Koen Lemmens Karl Hendrickx Cathy Berx Patricia Popelier Fernand Tanghe Language of instruction: Dutch Semester exam information: exam in the 1st and/or 2nd semester Contract restriction information: exam contract not possible 1. Prerequisites *Algemene competenties Secondary education degree Secondary education learning outcomes Sufficient general knowledge of Dutch, French, English and German. * Particular prerequisites for Dutch legal language (legal terminology) Students master the Dutch language both actively and passively, both in writing as in speaking. Students have a general knowledge of the grammatical terminology of the Dutch language. Students are willing to reflect on their own language use and that of others, to evaluate it and to modify it where necessary according to the knowledge acquired during the course. *Sequentiality None 2. Objectives (expected learning outcomes) Legal argumentation theory: the students are able to develop argumentative strategies on the basis of the newly acquired knowledge they become aware of errors of thought (sophisms,…) and understand why they are misleadingly convincing t hey can use the newly acquired knowledge in a legal context (paper, written statements, pleadings, ) Dutch legal language Students are aware that the law and the administration have their own specific language varieties which deviate from the everyday language use. Students know the specific (lexical, syntactical, textual and conventional) characteristics of Dutch legal language. Students can enumerate them and describe them in their own words. They do not have to give technical linguistic definitions.  Students can indicate how and to what extent these characteristics can cause communication problems.  Students can themselves point out those characteristics in legal texts, assess whether they obstruct the communication and correct them if necessary, thus enhancing the comprehension of the text and its structure.  Students know the main conventions and writing strategies for the most important legal text types (letters, judgements, legislative texts) and can apply them. Debate Training of oral fluency in the use of juridical language, based on the analysis of juridical texts concerning specific problems Active participation in debates on current juridical problems Learning the "art of debating" (its rhetorical, strategic, psychological, problem-solving etc. aspects) 3. Course content Legal argumentation theory: The course consists of 4 parts. In the first part, students will be introduced into the elementary elements of an argumentation. Here, the link with formal logic is evident (modus ponens, modus tollens,…)   The second part is dedicated to the study of errors of thought. In this part, we will go into social-psychological experiments.   The third part deals with the structure of an argumentation and with rhetoric.   Finally, we will have a closer look at some specific features of legal reasoning. Dutch legal language Before the first class, students receive slides about the communication problems of Dutch legal language, the historical and actual causes of those problems and the difficulties of determining the Dutch language norm in Belgium, as well as slides about the lexical, syntactic, textual and conventional problems of legal language. Students are expected to have read theses slides before the first class. In the first class, the slides are briefly discussed and students can ask questions. Furthermore, exercises will be made in order to learn to recognize and if possible to amend those problems. Active participation during the class is expected. For the second class, students will receive beforehand slides about the characteristics and conventions of different legal text genres. During the class, those characteristics and conventions will be discussed and exercises will be made to improve the structure and comprehension of practical examples of those texts. Debate Students are offered the possibility to get used to specific problems having juridical relevance and discuss them in group. The subject matter concerns often current problems treated in recent legislation and parliamentary debates; their analysis elucidates not only the technical aspects but emphazises the historical, social, economical, ethical backgrounds of the law 4. Teaching method Direct contact: Lectures Tutorials Skills training 5. Assessment method Exam: Written, without oral presentation Closed book Multiple choice Open questions Continuous assessment: Participation in classroom activities Discussionbased exam 6. Compulsory reading – study material Legal argumentation theory: J. Verplaetse, For the sake of argument. Argumentatieleer voor juristen en ethici , Antwerpen, Maklu, 2008. Dutch legal language: Karl Hendrickx, Juridische taaltips. Mechelen, Kluwer, 2008. Powerpoint-presentations and additional material will be available on Blackboard.   Debate Folder of documents concerning the selected problem(s); can be consulted on blackboard and may change from year to year 7. Recommended reading - study material Dutch legal language  Jan Renkema, Schrijfwijzer, Den Haag, Sdu, 2002. Willy Smedts e.a., Correct Taalgebruik, Kortrijk-Heule, UGA, 2001. 8. Tutoring Students can always contact the instructor by mail. laatste aanpassing: last update: 21/02/2011 10:42 katia.detemmerman

Sources and Foundations of Law

Academic year: 2010-2011 Course code module 1BREC-A-26 Semester: 1st semester Credits: 7 Study load (hours) 196 Theory (hours): 26,00 Practice/Exercises(hours): 4,00 Other (hours): Part-time program: Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 1st semester Contract restriction information: 1. Prerequisites *Algemene competenties Degree secondary school *Sequentiality None 2. Objectives (expected learning outcomes) The students are being introduced in the specific features of legal reasoning, legal terms, sources and structures. The students should obtain: - basic insight in the legal system and the logic of legal reasoning - basic knowledge needed to study law - knowledge of the sources of law (legislation, case law, doctrine, costum, principles of law, equity) at national, international and European level and their relation - capability to evaluate the law in the light of principles of proper law making and the judicial organisation in the light of art. 6 ECHR - basic knowledge of subjective law (subjects of law, categories of subjective rights, evolution of subjective rights) - concern for a correct use of legal terms 3. Course content The course treats objective and subjective law. In the first part (objective law), it gives a decription of law as a system and of various sources of law: regulations, jurisdiction, custom, legal principles, equity, doctrine. In the second part (subjective law) it offers basic elements: the subject of law, legal capability, subjectif rights... It describes the course of subjective rights: the coming to existance, execution and dissapearance. In that respect, special attention goes to the liberty of contract. 4. Teaching method Direct contact: Lectures 5. Assessment method Exam: Written, with oral presentation Closed book Open questions 6. Compulsory reading – study material Syllabus and codex. On Blackboard appear on a weekly basis ppt. presentations, complementary schemes and documentation. 7. Recommended reading - study material Codex. 8. Tutoring Assistant: Werner Vandenbruwaene. Repetition sessions are being organised, followed by an optional trial examination. laatste aanpassing: last update: 09/07/2010 09:50 kris.defeyter

Advanced Course on Constitutional Law

Academic year: 2010-2011 Course code module MREC0200 Semester: 1st semester Credits: 6 Study load (hours) 168 Theory (hours): Practice/Exercises(hours): 45,00 Other (hours): Part-time program: Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 1st semester Contract restriction information: 1. Prerequisites *Algemene competenties Bachelor degree in law *Sequentiality Constitutional Law (2BREC-18) 2. Objectives (expected learning outcomes) The students have to - develop skilfulness in working with sources of public law, both individual and in team - be able to report on problems of public law, both in oral presentations and written reports - widen and deepen their knowledge in the theory and practice of constitutional law and obtain insight in constitutional theories and their practical elaboration in a political context - learn to make comparative analysis    3. Course content The Advanced Course on Constitutional Law treats every year another topic concerning constitutional principles and public institutions. This year the topic is "democracy", dealing with the Belgian consensus model, the relations between language groups, between parliemant and executive, the role of the judiciary and the position of the citizen. We will also treat topical developments, such as the recent government crisis. Also we will look for a more contemporary concept of democracy, adapted to constitutional developments in a context of multilevel governance. 4. Teaching method Direct contact: Exercise sessions Skills training Personal work: Exercises Assignments - individual Assignments - in group Case studies - in group 5. Assessment method Continuous assessment: Exercises Assignments Case studies Participation in classroom activities Presentation 6. Compulsory reading – study material Reader Codex 7. Recommended reading - study material 8. Tutoring Prof. Patricia Popelier                    Venusstraat 23 kamer 126            03/275.58.46                                 patricia.popelier@ua.ac.be             laatste aanpassing: last update: 13/05/2011 08:58 kris.defeyter

Advanced Course on Constitutional Law

Academic year: 2010-2011 Course code module MREC0200-A Semester: 1st semester Credits: 6 Study load (hours) 168 Theory (hours): Practice/Exercises(hours): 9,00 Other (hours): Part-time program: Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 1st semester Contract restriction information: 1. Prerequisites *Algemene competenties Bachelor degree in law *Sequentiality Constitutional Law (2BREC-A-06) 2. Objectives (expected learning outcomes) The students have to - develop skilfulness in working with sources of public law, both individual and in team - be able to report on problems of public law, both in oral presentations and written reports - widen and deepen their knowledge in the theory and practice of constitutional law and obtain insight in constitutional theories and their practical elaboration in a political context - learn to make comparative analysis    3. Course content The Advanced Course on Constitutional Law treats every year another topic concerning constitutional principles and public institutions. This year the topic is "democracy", dealing with the Belgian consensus model, the relations between language groups, between parliemant and executive, the role of the judiciary and the position of the citizen. We will also treat topical developments, such as the recent government crisis. Also we will look for a more contemporary concept of democracy, adapted to constitutional developments in a context of multilevel governance.   4. Teaching method Direct contact: Tutorials Skills training Personal work: Exercises Assignments - individual Supervised self-study 5. Assessment method Continuous assessment: Exercises Assignments Case studies Participation in classroom activities 6. Compulsory reading – study material Reader Codex 7. Recommended reading - study material 8. Tutoring Prof. Patricia Popelier                    Venusstraat 23 kamer 126            03/275.58.46                               patricia.popelier@ua.ac.be            laatste aanpassing: last update: 13/05/2011 08:59 kris.defeyter

Legislation Theory

Academic year: 2010-2011 Course code module MREC20070 Semester: 1st semester Credits: 3 Study load (hours) 84 Theory (hours): 30,00 Practice/Exercises(hours): Other (hours): Part-time program: Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 1st semester Contract restriction information: 1. Prerequisites *Algemene competenties Bachelor degree in law *Sequentiality None 2. Objectives (expected learning outcomes) This course has four objectives: 1. to gain insight in the completion, construction and working of legislation, 2. to analyse legislation and to review it in the light of principles of proper regulation 3. to develop a basic skill in the drafting of regulations 4. to have eye for legal and extra-legal problems concerning legislation 3. Course content This course studies legislation and complexes of legislation. It treats, among others: the legislative process, including evaluation of legislation; the analysis of laws: their temporal functions, their construction; problems of complexes of legislation: their ordening and deregulation, quality of the law: principles of proper law making. Also problems like the democratic quality of law, regulatory management, consultation and impact assessments, and the role of the courts in the legislative process are questioned. 4. Teaching method Direct contact: Tutorials 5. Assessment method Exam: Oral, without written preparation Open book Open questions Written assignment: With oral presentation 6. Compulsory reading – study material Reader and codex. Other material will appear on Blackboard. 7. Recommended reading - study material The reader contains after every chapter a non-compulsary selected bibliography. 8. Tutoring Prof. Patricia Popelier                    Venusstraat 23 kamer 126            03/275.58.46                               patricia.popelier@ua.ac.be             laatste aanpassing: last update: 20/07/2010 11:16 patricia.popelier

Legislation Theory

Academic year: 2010-2011 Course code module MREC20070-A Semester: 1st semester Credits: 3 Study load (hours) 84 Theory (hours): 6,00 Practice/Exercises(hours): Other (hours): Part-time program: Instructor(s) Patricia Popelier Language of instruction: Dutch Semester exam information: exam in the 1st semester Contract restriction information: 1. Prerequisites *Algemene competenties Bachelor degree in law *Sequentiality None 2. Objectives (expected learning outcomes) This course has four objectives: 1. to gain insight in the completion, construction and working of legislation, 2. to analyse legislation and to review it in the light of principles of proper regulation 3. to develop a basic skill in the drafting of regulations 4. to have eye for legal and extra-legal problems concerning legislation 3. Course content This course studies legislation and complexes of legislation. It treats, among others: the legislative process, including evaluation of legislation; the analysis of laws: their temporal functions, their construction; problems of complexes of legislation: their ordening and deregulation. Also problems like the democratic quality of law, the role of the courts in the legislative process and instruments and techniques like the referendum are questioned. 4. Teaching method Direct contact: Tutorials Personal work: Assignments - individual Assignments - in group Supervised self-study 5. Assessment method Exam: Oral, without written preparation Open book Open questions Written assignment: With oral presentation 6. Compulsory reading – study material The reader and lawbooks. Other material will appear on Blackboard. 7. Recommended reading - study material P. Popelier, De wet juridisch bekeken, Brugge, die Keure, 2004. 8. Tutoring Prof. Patricia Popelier                    Venusstraat 23 room 126           03/275.58.46                                 patricia.popelier@ua.ac.be laatste aanpassing: last update: 10/06/2010 11:13 patricia.popelier