Legal Philosophy and Ethics
Course code
AKJ6367.YK
old course code
Course title in Estonian
Õigusfilosoofia ja õigusalane eetika
Course title in English
Legal Philosophy and Ethics
ECTS credits
6.0
Assessment form
Examination
lecturer of 2023/2024 Spring semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
lecturer of 2024/2025 Autumn semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
Course aims
To create opportunities to gain knowledge of the following:
- Contribute to the development of interdisciplinary, critical and complex thinking;
- To better understand the globalizing and paradigmatically changing society;
- To create opportunities to understand the key concepts legal philosophy through their association with ideas of freedom, equality and justice;
- To develop the ability to analyze simple social and legal philosophical texts from the viewpoint of a paradigmatically changing society.
- To give an overview of the practical bases of legal ethics;
- To examine the nature and character of ethical obligations of lawyers;
- To create opportunities for learning how to use in practice the knowledge gained in the course through the study of cases;
- To widen the students’ understanding about sanctions which may be imposed for unethical conduct;
- To give the students understanding of the most important elements of the code of ethics regarding lawyers.
- Contribute to the development of interdisciplinary, critical and complex thinking;
- To better understand the globalizing and paradigmatically changing society;
- To create opportunities to understand the key concepts legal philosophy through their association with ideas of freedom, equality and justice;
- To develop the ability to analyze simple social and legal philosophical texts from the viewpoint of a paradigmatically changing society.
- To give an overview of the practical bases of legal ethics;
- To examine the nature and character of ethical obligations of lawyers;
- To create opportunities for learning how to use in practice the knowledge gained in the course through the study of cases;
- To widen the students’ understanding about sanctions which may be imposed for unethical conduct;
- To give the students understanding of the most important elements of the code of ethics regarding lawyers.
Brief description of the course
The course will cover legal philosophy and explore the connection of social and legal philosophy with other social sciences; connections and relationships between civil society and the state; paradigmatically changing society and the reflection of these changes in the economy, in political ideology and in the value system of society, incl. contradictory views of modernist and postmodern dialogue, legal positivism and natural law in the main directions of philosophy of law, and the links with the ideas of equality of freedom and justice.
The course also examines the basis for ethical conduct of lawyers, the foundations of which are reflected in moral systems and values within the society, and to specifically give a grounding to the student in the black letter rules for conduct adopted by various bar associations. The CCBE and ABA Codes of conduct will be examined and case materials will be briefed. Case materials will be presented and discussed. Special problem areas, such as confidentiality, diligence, loyalty, etc. will be addressed and discussed. Disciplinary procedures as well as the impact of peer pressure, relationship with the courts and the effect of bar associations on the conduct of lawyers will be examined.
The course also examines the basis for ethical conduct of lawyers, the foundations of which are reflected in moral systems and values within the society, and to specifically give a grounding to the student in the black letter rules for conduct adopted by various bar associations. The CCBE and ABA Codes of conduct will be examined and case materials will be briefed. Case materials will be presented and discussed. Special problem areas, such as confidentiality, diligence, loyalty, etc. will be addressed and discussed. Disciplinary procedures as well as the impact of peer pressure, relationship with the courts and the effect of bar associations on the conduct of lawyers will be examined.
Learning outcomes in the course
Upon completing the course the student:
- has and understanding of legal philosophy and is able to analyze the main problems of social and legal philosophy against the background of paradigmatic upheavals in society;
- has an understanding of the differing social and legal philosophical concepts, and apply them in analyzing social processes;
- is able to associate social and legal philosophical knowledge with the fundamental values of society of freedom, justice and equality and to make reasoned ethical choices;
- is able to present his or her legal and social philosophical views in correct academic language and with reasoned arguments;
- knows parameters of ethical conduct of lawyers and the basis for those rules as well as sanctions, which may be imposed for the breach of the rules of ethics for lawyers;
- has knowledge of the place and importance of legal ethics in the practice of law;
- has general knowledge about each important area of CCBE Code of Ethics;
- has knowledge about the directions of future development of legal issues contained in the CCBE, such as advertising, independence, cross border legal services;
- knows what obligations are imposed upon the profession by the categorical imperative model regarding conduct of lawyers;
- knows the different structure of legal professions in various European countries as well as the US.
- has and understanding of legal philosophy and is able to analyze the main problems of social and legal philosophy against the background of paradigmatic upheavals in society;
- has an understanding of the differing social and legal philosophical concepts, and apply them in analyzing social processes;
- is able to associate social and legal philosophical knowledge with the fundamental values of society of freedom, justice and equality and to make reasoned ethical choices;
- is able to present his or her legal and social philosophical views in correct academic language and with reasoned arguments;
- knows parameters of ethical conduct of lawyers and the basis for those rules as well as sanctions, which may be imposed for the breach of the rules of ethics for lawyers;
- has knowledge of the place and importance of legal ethics in the practice of law;
- has general knowledge about each important area of CCBE Code of Ethics;
- has knowledge about the directions of future development of legal issues contained in the CCBE, such as advertising, independence, cross border legal services;
- knows what obligations are imposed upon the profession by the categorical imperative model regarding conduct of lawyers;
- knows the different structure of legal professions in various European countries as well as the US.
Teacher
Igor Gräzin
Study programmes containing that course