Infopaket

Theory of State and Law

ОК 11

Обов’язкова дисципліна для ОП

First

2023/2024

1 Semester

1

Knowledge about the state and law, basic concepts and categories of jurisprudence, main sources and forms of law, legal system and system of law, the main properties of legal relations. The course gives an understating of the causes of state and law formation, forms and functions of state, sources and forms of law and different legal systems.

The course is basic for the students majoring in international law. Fluent English and basic knowledge in the world history is a must.

Thematic plan of the discipline: 1. Subject of theory of law and its role. 2. Causes of the state formation, its origin and social essence. 3. State: concept, properties and essence 4. Form of the state and its constituent elements. 5. Functions of the state. 6. Mechanism of state and state apparatus. 7. State - the main element of the political system of society. 8. The essence of a democratic, legal and social state. 9 Law as a socio-historical phenomenon. 10. Sources and forms of law. 11. The legal system, the system of law and the system of legislation. 12. Legal relations: conditions, structure, elements and their properties. 13. Legal liability: types, principles, grounds

1. Himma Kenneth Einar. Coercion and the Nature of Law. / Kenneth Einar Himma. – Oxford: Oxford University Press, 2020. – 288 p. 2. Kurki Visa AJ. A Theory of Legal Personhood / AJ Kurki Visa. – Oxford: Oxford University Press, 2019. – 240 p. 3. Oxford Studies in Philosophy of Law Volume 3. / Edited by John Gardner, Leslie Green, and Brian Leiter. – Oxford: Oxford University Press, 2018. – 240 p. 4. Karatayeva A.M. The Theory of State and Law (elementary course): educational manual. / A.M. Karatayeva, A.B. Smanova, K.R. Useinova. Almaty: Qazaq university, 2016. 102 p. 5. Brooke, David. Q&A Jurisprudence. 7th New edition. London. Routledge. Taylor & Francis Ltd. 2015. 276 p. 6. State Law and Legal Positivism: The Global Rise of a New Paradigm. Edited by Badouin Dupret and Jean-louis Halpérin. Netherlands. Brill. Martinus Nijhoff. 2021. 268 p.

Lecture, seminar, solving practical cases, performing tasks of independent work

Evaluation is carried out according to the modular rating system. Current control: answers (up to 42 points), additions (up to 9 points), case studies (up to 2 points), independent work (up to 15 points), final modular test (up to 8 points). 1st semester: The form of final control is a credit which is carried out in the form of an oral recitation (up to 40 points).

English