Global Law, Justice and Democracy (ex Models of Justice and Human Rights) (5cr)
- 2020-01-07 - 2020-03-17
- Tuesdays, 14:00 - 16:00. Additionally: Friday, 7 February, 18:00 - 20:00.
- 40.113 - Edifici Roger de Llúria UPF
This course offers a multidisciplinary introduction to the main challenges that law, justice and democracy face in a globalized world. In this sense, this is a course on global politics as well as on global law. It combines the perspectives of political philosophy, legal philosophy, constitutional theory, international relations, and international law theory. But its main approach is theoretical and philosophical.
It starts studying the current global trends and transformations, such as globalization and the digital revolution, and the way they affect our traditional understanding of state’s sovereignty and the international order.
It continues with an introduction to four contemporary theories of justice –utilitarianism, egalitarianism, libertarianism and republicanism-, exploring how they could be extended to the global sphere. And it also engages in the existing debate for and against global justice.
The course shifts then to the legitimacy of international institutions and to the different models of global order. And it ends with a discussion of the new paradigms of global law and global constitutionalism.
Methodology: This course has an intense reading load. Students will be expected to read all the assigned texts before each class period. The instructor will start the class with a presentation, but only with the aim of generating class discussions. Students are expected to spend about 6 hours per week in reading these materials and preparing the class. This will be complemented by a workload of around 20 hours to prepare the final assignments.
Skills: Throughout the course, students are expected to acquire advanced specific knowledge about global law, international justice, democracy, the legitimacy of the international order, and global law and global constitutionalism. They are expected also to develop their critical skills to analyze the present political and legal international situation and identify instances of injustice or illegitimacy. They are also expected to become familiar with the sources of international legal scholarship and international political thought.
Attendance policy: students are expected to attend at least 10 of the 12 class periods. Those who fail to meet this requirement will be penalized in their final grade up to 2 points.
Readings assigned: All readings assigned that are not directly linked below, will be accessible in this Drive folder:
The evaluation of the course will be based on the following assignments:
- 3 discussion notes (800 words x 3): 30% of the final grade
Each student will have to choose 3 texts among the assigned readings and write a critical piece on them of about 800 words each.
- Policy or research paper (4,000-6,000 words): 40% of the final grade
Students will have to write a research paper, a policy paper, or a critical legal analysis on one topic that they will be able to choose freely (in accordance with the instructor’s advice). This will be a short paper, focused, and synthetic paper with an extension of around 4,000 words maximum.
- If they choose to write a research paper, they will have to choose a topic related to the contents of the course, do some research over the existing literature on the topic and write an original paper that attempts to contribute to such literature.
- If they choose to write a policy paper, they will have to choose a problem that our current legal systems face, will have to briefly but accurately describe the problem, identify possible solutions to it, assess them in a comparative perspective, and finally propose and defend their preferred solution. To learn more about policy papers, read this: http://govthesis.site.wesleyan.edu/home/policy-paper/
- If they choose to write a critical legal analysis, they will have to choose a legal problem or issue, ideally related to some fundamental right, they will have to provide an account of how such issue is currently regulated in one or more legal systems, will identify a problem, will make a critical analysis of the regulation, and will provide and defend a de lege ferenda proposal of legal reform. To learn more about how to produce legal analysis, read this: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3881&context=fss_papers
- Video-presentation: 30% of the final grade
Each student will have to record a video-presentation with a defence of the policy or research paper, trying to be innovative, creative, and persuasive.
Intended Learning Outcomes:
CB6 – Students should be able to critically understand central texts about law, justice and democracy in a globalized in a way that puts them in a position to develop and apply original ideas.
CB9 - Students should be able to communicate their knowledge and their arguments to specialized audiences in a clear and articulate way.
CG2. Students should be able to design, create, develop and undertake new and innovative projects in their area of expertise.
CG3. Students should be able to engage both in general and specific discussions about law, justice and democracy. They should be able to conduct a philosophical discussion (orally and in written form), by putting forward, for example, general arguments or specific examples, in support of one’s position.
CG4. Students should be able to work both independently and in a team, in an international environment.
CG5. Students should be able to identify methodological errors, rhetorical, conventional and uncritical assumptions, vagueness and superficiality.
CE1. Students should be able to critically engage with the concepts and methods of contemporary philosophy of law.
CE2. Students should be able to identify the core arguments and theories of contemporary philosophy of law.
CE4. Students should be able to assess the writings of leading contemporary philosophers in the field of philosophy of law.
CE5. Students should be able to identify and critically engage with the current state of a particular philosophical debate, and form a reasoned view, even if provisional, about it.
Introduction to political philosophy: law, justice and legitimacy
The new scenario: a globalized and digitalized world
• Rheingold, Howard, Net Smart. How to Thrive Online, Cambridge (Mass.): MIT Press, 2012, Introduction (pp. 1-3, and 12-26), and ch. 4 (pp. 147-187).
State sovereignty and international order
Theories of justice: utilitarianism
Discussion topic: is it torture justified under some circumstances?
Theories of justice II: liberal egalitarianism
Theories of justice III: libertarianism
Theories of justice IV: republicanism
Global justice: world poverty and global inequalities
The reaction against global justice
The legitimacy of international institutions
Models of global order: democratic statism vs. global democracy
Global law, human rights, and global constitutionalism