Methodology of legal interpretation

Duration

25h Th

Number of credits

Lecturer

Pierre Moreau

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

While the classes on positive law mainly aim to teach students about the rules of law, legal methodology focuses on the process of elaborating and implementing these rules. The purpose of legal methodology is to study the development of legal reasoning in its search for a solution to a legal problem using a legal rule. One of the steps in the development of legal reasoning consists of looking for the law in force. In our legal system, this can mainly be found in legal documents. The lawyer has to find the meaning of it or, in other words, interpret it. And it is precisely the methodology of legal interpretation that deals with the reasoned steps that must be taken to find the meaning of the texts.

Learning outcomes of the learning unit

The objective of the course in the Methodology of Legal Interpretation is to teach students about the process, the principles and the technique involved in rigorous legal reasoning in the interpretation of rules of law. Besides this immediate objective, given the essential competences needed to do the work required in later study programmes, this course helps to develop the analytical and investigative abilities of students [formulating questions (defining a subject of research/reference in a branch of law), positioning in relation to a typology (legal or documentary: what type of sources /documents to look for), the logical and complete sequence of a series of operations]. It stimulates formal rigour in the presentation of the results. It allows students to employ the notions they have already encountered in the positive law classes and puts these notions into context.

Prerequisite knowledge and skills

For the Methodology of Legal Interpretation course, students are required to master French. They should also have a keen interest in reading texts and analysing them, and appreciate the rigour of scientific reasoning.

Planned learning activities and teaching methods

Mode of delivery (face to face, distance learning, hybrid learning)

The Methodology of Legal Interpretation course is taught during the second term. It focuses on theory accompanied by relevant examples. During lectures, students must bring their collection of texts.
Learning assistance:
M. P. MOREAU is available to provide students with any further explanations.
Someone will be on duty to provide assistance if students so wish. The day and time  will be posted on MyULiège.
A test will be organised. Students will get an extra point of 0.5 for the exam (out of 20) if they get 10 or 11 out of 20, 1 extra point if they get 12 or 13 out of 20, 1.25 if they get 14 or 15 out of 20, and 1.5 if they get 16 or more out of 20.
This bonus will be valid for both sessions.

Organisational adjustments related to the current health context

XXX

Recommended or required readings

For the Legal Methodology course, students will be able to obtain :
- P. DELNOY, Eléments de méthodologie juridique. 1. Méthodologie de l'interprétation juridique. 2. Méthodologie de l'application du droit, 3e édition, Bruxelles, Larcier, 2008 (tirage 2009), 447 p.;
- P. DELNOY et P. MOREAU, Eléments de méthodologie juridique. Recueil de textes, 2e édition, Bruxelles, Larcier, 2019, 163 p. ;
- P. MOREAU, Méthodologie de l'interprétation juridique. Complément, Syllabus, Presses Universitaires de Liège, année académique 2020-2021 (available on MyULiège).

Assessment methods and criteria

Below you will find information on the evaluation methods planned for in-person and remote exams as well as those planned for hybrid sessions. Depending on how the health crisis evolves, the chosen method will be communicated to you no later than one month before the start of the exam session.

Any session :

- In-person

written exam ( multiple-choice questionnaire, open-ended questions )

- Remote

written exam ( multiple-choice questionnaire, open-ended questions )

- If evaluation in "hybrid"

preferred in-person


Additional information:

During the Methodology of Legal Interpretation exam, students may bring their collection of texts (see section: Recommended or required reading and Course notes). The collection of texts mustn't contain any annotations.
The exam will be written.

Work placement(s)

Organizational remarks

Contacts

Pierre MOREAU, Faculty of Law, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, Phone number :0032/4/366.30.86, email : pmoreau@uliege.be
Florence BODSON, Faculty of Law, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, tél. : 0032/43665763, email : florence.bodson@uliege.be 
Victoria PALM, Faculty of Law, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, Phone number : 0032/43663084, email : victoria.palm@uliege.be