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ILS – Global law: legal reasoning in International, EU and national law

Vak 2017-2018

Admission requirements

Admission to the Masters programme (see the Course and Examination Regulations). This course is only available for the Dutch students, not for the international students enrolled in both programmes.

Description

This course focuses on legal reasoning in the different areas of international and European law. Legal reasoning is a basic legal skill, and there are important differences and similarities in legal reasoning across the different areas of international law, and also when compared to national law. This course also fulfils a practical need, as we know that students struggle in the beginning of the masters to deal with often long and complex judgments from a different legal tradition than the one they are used to. An interaction with national law is also inherent, as national law and legal reasoning will be a logical comparator.

Course objectives

Objectives of the course
The course will contribute to the research skills of students via the weekly assignments and the final paper they will have to write, and which will require them to formulate a research question on the topic of one of the weeks. In addition, the materials and topics will be presented in a research-oriented style, i.e. critically approaching and reflecting on different forms and uses of legal reasoning.
The course centres around the close reading of one seminal case of a different legal order each week. Judgments or advisory opinions would be selected from, for example, the International Court of Justice, the WTO Appellate body, the European Court of Human Rights and the European Court of Justice.

In 5 lectures, students will first be informed about the context and the background of the case, including the different challenges/tensions/interests/views involved, and therefore the choices and dilemma’s facing the judges. Subsequently, the judgment and its consequences will be discussed. In the subsequent working group, students will firstly look at the general structural features of the different case law (for example which sections are legally most relevant). Subsequently, they close read the case, or part of the case, and discuss the different forms of legal reasoning used, also comparing it to the other weeks. Particular attention will be payed to alternative outcomes. One option for the research paper, for example, might be to suggest an alternative outcome based on different methods / applications of legal reasoning.

Achievement levels
The following achievement levels apply with regard to the course:

  • The student is able to illustrate the differences in legal reasoning from the national / international / European law perspective and the interaction between these three;
  • The student is able to formulate legal research question;
  • The student is able to write a good legal research plan;
  • The student is able to write good legal argumentation;
  • The student is able to form an opinion and/or choose a well-motivated position and express a point of view empowered by arguments;
  • The student has developed a self-reflective attitude towards his/her learning outcomes.

Timetable

The timetable of this course can be found in uSis.

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 5
  • Names of lecturers: to be announced
  • Required preparation by students: to be announced

Seminars

  • Number of (2 hour) seminars: 5
  • Names of instructors: to be announced
  • Required preparation by students: to be announced. Each week there will be a short assignment that students must prepare before attending the working groups. These short assignments will require the students to develop research questions using a pre-determined format and build upon these questions throughout the course. Feedback on these assignments will be given every week during the class and/or via Turnitin (Blackboard).

Assessment method

Examination form(s)

  • Practical assignment: students may only write the final paper if they handed in the weekly assignments on time.
  • One paper (1500 words) on one of the cases presented during the weeks (50%)
  • One written exam (50%)

The final grade for this course is based upon the individual average of the paper and the written exam. If the individual average for the course is below 6.0 the student is entitled to take a re-sit of the written exam. The re-sit will count for 100% of the final grade. If a student has not passed the course by the end of the academic year, partial grades for the written exam or the written assignment are no longer valid.

Submission procedures
Paper: via Turnitin on Blackboard

Areas to be tested within the exam
The examination syllabus consists of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all other instructions which are part of the course.

Blackboard

More information on this course is offered in Blackboard.

Reading list

The digital sources of the obligatory literature will be posted on Blackboard. Student are expected to collect the literature themselves.

Registration

Students have to register for courses and exams through uSis.

Contact information

  • Co-ordinator: Dr. G. Gruni
  • Work address: Kamerlingh Onnes Building, Steenschuur 25, 2311 ES Leiden
  • Contact information: Room number B 2.29
  • Telephone number: +31 (0)71 527 1578
  • E-mail: g.gruni@law.leidenuniv.nl

Institution/division

  • Institute: Public Law
  • Department: European Law
  • Room number secretary: B1.21
  • Opening hours: daily, 09:00-17:00
  • Telephone number secretary: +31 (0)71 527 8905
  • E-mail: europeesrecht@law.leidenuniv.nl

Remarks