2023-2024 / DROI0895-1

Law and economics

Duration

24h Th

Number of credits

 Master in law (120 ECTS) (Odd years, organized in 2023-2024) 5 crédits 

Lecturer

Nicolas Thirion

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The course is organized in 2023-2024 The course focuses on a general theme (different every year), divided into a series of more specific or technical sub-themes, all inspired by the world of business, or more broadly, by the world of economic exchanges. Hence, it is a question of studying a specific subject in depth, both from a legal point of view and with regard to its economic, historical and sociological extensions. Since this subject is also the object of research for the teacher, it is necessary to systematically make the link between the research and the teaching given in class, and subsequently actively involve the students in it (in the style of a real research seminar). Students will be asked to prepare  et present some texts before each meeting to discuss them. These texts will be sent via the platform MyULiege.

The title of the 2023-2024 seminar is: "Should the law promote, support, supervise or constrain the market economy?".

The question of the relationship between law and the market economy has been a recurring one since the emergence of the liberal paradigm in the second half of the 18th century. Until the end of the 19th century, the answer generally given was that the State, and therefore its rules, had a duty to refrain from interfering in the workings of the market, subject to the enshrinement of the fundamental principles necessary for them to function (property rights, freedom of contract, entrepreneurial freedom, property liability). However, the debate subsequently became much more heated, with some arguing for much greater interference by the State and its laws in the economy.

This debate, recurrent in the political arena, has also been reflected in academic literature, at the crossroads of the legal, economic and, more broadly, social sciences. It is this debate, and the main responses to it in the scientific literature, that we propose to study during this academic year. To this end, a number of major canonical texts from the history of ideas (see below, under 'Recommended or compulsory reading and course notes') will be successively presented (by the students), examined and discussed, before being illustrated by examples drawn from contemporary positive law..

Learning outcomes of the learning unit

To get students to familiarise themselves with a specific issue regarding business law (in a much more in-depth manner than in the basic course in economic law), by establishing links with disciplines other than law (essentially the economy) and by getting accustomed to looking in a broader and more critical way at the subject under analysis.

Prerequisite knowledge and skills

Good knowledge of economic law.

Planned learning activities and teaching methods

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

Face-to-face course


Additional information:

Face-to-face course


Additional information:

Course organized in 2023-2024.

Face-to-face and interactive mode.

Recommended or required readings

Extracts from the following works will be provided to students in PDF format to enable them to prepare their presentations

1° extract from a text from classical liberalism;

2° K. Polanyi, The Great Transformation, Paris, Gallimard, 2009, coll. Tel ;

3° G. Farjat, Droit économique, Paris, PUF, 1972;

4° M. Foucault, Naissance de la biopolitique, Paris, Gallimard/Le Seuil, 2004, Hautes Etudes series;

5° F. Hayek, Droit, législation et liberté, Paris, PUF, 2013, coll. Quadrige ;

6° a text by N. Luhmann or G. Teubner.

Written work / report

Continuous assessment


Additional information:

Students will be assessed on the basis of three criteria:
1° their oral presentation of one of the texts or parts of texts studied
2° their active participation in discussions;
3° a dissertation, of minimum five to maximum ten pages, to be handed in by the end of the January session at the latest, devoted to one of the themes seen in the course, to an explanation of the issues related to this theme and to the student's personal argumentative opinion.
More information during the first lesson.

Work placement(s)

Organisational remarks and main changes to the course

The course is held every odd year (2015-2016, 2017-2018,...).

Contacts

Economic Law and Legal Theory unit.

Association of one or more MOOCs