Subject-specific skills
➢ Knowledge and understanding: to explain the basic legal concepts relating to the creation, application and interpretation of the rule of law at the level of international law; knowledge of the spatial and temporal dimensions of law.
➢ Application: to apply the rules of law to specific situations; to formulate a legal question; carry out a legal research project – comprehensive, relevant and up-to-date – on a given topic, demonstrating mastery of the methods and tools of legal research; apply the standards of rigour and precision required by the law when drafting an academic paper; apply the rules of academic integrity.
➢ Analyse: be able to understand a statutory provision or a court decision (in particular a judgement of the Court of Cassation) and identify the key information; analyse a court decision in the light of the various methods of interpreting the law.
➢ Evaluate: take a critical look at legal classifications, the role of the legislature and the role of the judge; develop intellectual curiosity to inform this critical perspective; develop a comprehensive understanding of the law.
Transversal skills
Mastery of this legal knowledge and these legal skills necessarily entails mastery of transversal skills. Students must be able to communicate their reasoning and defend their point of view, both in writing and orally. They must be able to prepare appropriate materials for an oral presentation. Students must also demonstrate increasing independence in their work and show an interest in current affairs. Students must demonstrate their writing skills (rigour, precision, style, rich vocabulary, logical organisation of ideas) and analytical skills (identifying a legal issue, summarising the key points).
The course has two objectives. It aims to:
- complement the SPD course on the life of the rule of law (creation, application and interpretation of the rule of law), by exploring the following issues in greater depth: the creation of law at the international level (state sovereignty, actors in international law, sources of international law), the application of the rule of law across time and space, the interpretation of the rule of law and, in particular, the role of the Court of Cassation.
- to familiarise students with legal sources (legislation, case law, legal scholarship), to introduce them to the analysis of case law decisions at various levels, and to equip them with methods of legal research.
The theoretical module comprises two parts. The first part focuses on the life cycle of a rule of law, building on the material covered in the SPD module: the creation of law at international level (state sovereignty, actors in international law, sources of international law), the application of the rule of law over time and across geographical areas, the interpretation of the rule of law and, in particular, the role of the Court of Cassation. The second part is devoted to introducing students to legal research and to the oral and written communication of such research (documentary sources in law; electronic research tools; case commentary; references; public speaking). The documentary research methods taught utilise both traditional sources (print publications) and electronic sources (legal databases and websites).
Practical exercises enable students to apply the material covered in the theoretical course in a practical way.
Sources and principles of law [DROIB101]
The ‘Methodology and Legal Research’ teaching module comprises two learning activities.
The first learning activity is the theory module, which is assessed by a written examination.
The second learning activity consists of a series of practical exercises, which enable students to practise their skills in a practical setting. These exercises include writing two case commentaries (one independently and the other in a face-to-face session based on a body of documents provided in advance) as well as an oral presentation. For the practical exercises, students are divided into groups. Each group focuses on a different topic and is supervised by a teaching assistant. A library session, organised in small groups at the start of the academic year, enables students to practise searching for documents and reading references.
The theoretical component is assessed by a written examination.
The practical exercises are assessed on a continuous basis. The assessment criteria set by the lecturer and the general organisation of the process are detailed in the ‘Methodology Practical Work Booklet’. The lecturer in charge of the course is responsible for the marks during the marking panel discussions.
The mark awarded for the practical exercises accounts for three-quarters of the final mark for the legal methodology course. The mark awarded for the examination accounts for one-quarter of the final mark. However, a fail in either component is referred to as a ‘fail that affects the whole course’, as the course cannot be passed if a fail is obtained in either of the two learning activities.
The course material consists of a slide presentation shown during the lecture, accompanied by the Guide to Legal Citations, References and Abbreviations, sixth edition.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelor in Law | Eramus 2+2+1 | 2 | 6 | Yes |
| Bachelor in Philosophy | Standard | 2 | 6 | No |
| Bachelor in Law | Double bac droit-philosophie | 2 | 6 | Yes |
| Bachelor in Law | Standard | 2 | 6 | Yes |
| Bachelor in Law | Erasmus Belgica UHasselt | 2 | 6 | Yes |
| Bachelor in Philosophy | Standard | 3 | 6 | No |