1. University of Zaragoza (Spain)
How to teach Philosophy of Law for Management students? Some experiences
Fernando Galindo
University of Zaragoza (Spain)
LEFIS VILNIUS Meeting
13-14 April 2007

2. Teaching’s context The case:
Students of Management Faculty that study Law at the same time in the Faculty of Law
Subject
Philosophy of Law as part of the juridical curriculum
Compulsory subject at end of the studies

3. Objectives
To know critically/communicatively the characteristics of the jurist’s activities
To know practically the context of these activities.
This is to know theoretically and practicaly:
The basic characteristics of the knowledge society (TIC Society)
Globalization
Multiculturalism
Security of the telecommunications
The New Public Management as context of the Public Administrations and Justice Administration activities

4. Syllabum I 1. Juridical activities
1. Globalization and multiculturalism: the context.- 2. Juridical activities: introduction.- 3. Acces to juridical texts.- 4. Construction of juridical theories.- 5. Juridical interpretation.- 6 Juridical aplication.- 7. Construction of juridical science.- 8. The juridical activities as political activities

5. Syllabum II 2. The Law in the modernity
9. Theories on the Law and the State The concept of Law and the recent foundaments of the juridical reflection The modern Law as rational instrument of social organization The birth and consolidation of the jurist professions

6. Syllabum III
3. Valeurs
13. Liberal revolution and Law Savigny, Law interpretation and modern juridical science Jhering and the social adaptation Bentham: utilitarism and legislation The Napoleon Code crisis Ehrlich: die Freirechtslehre Kelsen: formalism Pound: realism and valeurs

7. Practices Students number .- 46 Two presenters by day Globalization
Multiculturalism
Governance/ New Public Management
Access to juridical texts
Juridical interpretation
Juridical application
Building of theories and science of law proposals
Projects
Projects property
Telecommunications and Internet
Electronic signature
Selbsregulation and practice codes

8. Bibliographie
GALINDO, F., El acceso a textos jurídicos. Introducción práctica a la Filosofía del Derecho, Zaragoza, Mira Editores, 1993
GALINDO, F., Derecho e Informática, Madrid, La Ley, 1999
GALINDO, F., Gobierno, Derecho y Tecnología: Las actividades de los poderes públicos, Madrid, Thomson-Civitas, 2006
GALINDO, F., GARCIA, J., LASALA, P., Administración electrónica, Zaragoza, Prensas Universitarias de Zaragoza, 2007
KAUFMANN, A., HASSEMER, W., El pensamiento jurídico contemporáneo, Madrid, Debate, 1992
LARENZ, K., Metodología de la Ciencia del Derecho, Barcelona, Ariel, 1994
LESSIG, L., El código y otras leyes del ciberespacio, Madrid, Taurus, 2001
ROBLES MORCHON, G., Teoría del Derecho. Fundamentos de teoría comunicacional del Derecho, Madrid, Thomson-Civitas, 2006

9. Evaluation rules 1. Evaluation of the written examen: three questions
2. Evaluation of the presentation in the practice
3. Evaluation of the written paper (5000 words) on the practice
4. Final evaluation: average of the evaluations

10. ECTS
4,3 ECTS
4,3*25=107,5 hours= 39 hours of lectures+13 practice hours+12 reading hours + 5 hours to preparation of the presentation+ 2 hours of joint work+1 hour of presentation+10 hours of ellaboration of the final paper + 23,5 study hours + 2 examen hours

11. Competences 1 Application of juridical texts in context
2 Interpretation of juridical texts in context
3 To know how to present information using language and images
4 To access to juridical texts
5 Knowledge on ICT Law

12. Globalization and multiculturalism: the context (I)
Governance as fact is the reference
Art or use of govern, that has as objective the obtention of a durable economical, social and institutional development, promoting an equilibrium between the State, the civil society and the market of the economy (Spanish Academy Dictionary)

13. Globalization and multiculturalism: the context (II)
Juridical reality, of formal character, must coexist with the economic power: globalization
Globalization is the tendence of the markets and corporations to expand, acquiring a world dimension, that exceeds the national boundaries (Spanish Academy Dictionary)
The juridical activities are put in practice attending to this context. This is common for the juridical professions and also for the ellaboration of the juridical norms

14. Globalization and multiculturalism: the context (III)
New public management in the Public Administrations: from the 80
Objectives: efficienz and public service
Use of the techniques proposed by the social and economical sciences as auxiliary tools for the government, joint with the juridical rules (laws, reglaments...)
It is different to the practices of government in the begin of XIX century and first half of the XX. This time was the time of the separation between the activities of the industries and firms and the public powers. The juridical positivism was coherent with this style: the legal rules had as finality the defense of the market by the State power
Today the State must participate in the Economy, and the market rules are also rules for the State activities
The economic power must be respected by the activities of the Public Administrations. Also the economic power has more power as the State power, in many occasions

15. Communications security
The terrorist atentates of are an increasing power of the public powers. This is in special in relation with the control of the communications
The mecanisms of identification management and security measures have preventive objectives
It does not no decrease the corporations power: it increases this power thanks to the reduction of the risks

16. Multiculturalism
Globalization and multiculturalism are related realities: it is the fact of the migrations to developed zones
Decreasing of the social welfare with the neoliberalism
The integration of the particularities has many difficulties, against the multiculturalism
Echo of the dificulties in the juridical activities: Public Administrations and Judicial areas
The difficulties are contradictories with the principles of the State of Law: all people has rights to legal security, equality before the Law and participation in the Government
It is a common practice the no recognition of the same rights for all inhabitants of a country: rights of the nationals are different to the rights of the foreing people in the practice
The Public Administrations are obligated to attend to the general needs, the requirements of efficienz of the economical neoliberalism, the fact that the foreign people are providers of job force, pay taxes and support the maintenance of the Social Security