Political and legal doctrines

compulsory

The course aims to provide the students with ordered and chronologically presented knowledge of the European history with regards the state ands law. Students will first familiarise themselves with ancient and medieval philosophers, and will later move on to the analysis of contemporary political doctrines. The acquired knowledge should enable the students to analyse the current political doctrines, to recognise their sources and to infer their potential legal and political consequences.

1.Introduction: subject matter and research method. Difference between: idea, doctrine, political ideology. Typology criteria.

2.Classical approach to the antiquity with respect to democracy, an ideal state, and the common good: Aristotle, Plato, Sophists , Stoics. Idea of the Athenian democracy.

3.The political thought of the Middle Ages.

4.Political realism and state sovereignty in the Renaissance doctrines.

5.Natural law constructions and a social contract concept of the 17th and 18th centuries for the understanding of the state, law and rights (Grocius, Hobbes, Locke, Rousseau) American republican traditions.

6.Contemporary approach to the state, law, and an individual: liberalism, conservatism, socialism, socio-democracy, Catholic church social teaching.

a)Liberal doctrine. representatives: Locke, Montesquieu, Constant, J.S.Mill. etc

b)Conservative doctrine (E. Burke), detailed analysis.

c)Socialist doctrine: an individual. A society, state and law in utopian socialists? doctrine, and according to Marxist and communist doctrine. Socialism vs communism.

d)Anarchy doctrine: a special project of justice and social equality without a state.

e)Socio-democratic doctrine: from democratic socialism to a social welfare state.

f)Social doctrine of the Catholic church and its development in the 19th and 20th century: an individual, ownership, human dignity, the state and law. State vs Church.

g)Republican doctrine: relations between an individual and the state

7.Nationalism, fascism, and a nazi movement as examples of holistic and anti-individualistic doctrines. Totalitarianism.

8.Basic differences in the understanding law in the European tradition: natural law, positive law: John Austin, C.Schmitt, H.Kelsen. Legal realism. Criticism of positivism (Radbruch, Fuller and Finnis). H.L.Hart and his positivism.

9.Justice in different doctrines: J.Rawls, J.Habermas, F.A. Hayek.

10.Variants of democracy in liberal, republican doctrines.

11.Condition of the Polish society: popularity and acceptance of different doctrines