Бакалавриат 2020/2021

Правоведение

Статус: Курс по выбору (Программа двух дипломов по экономике НИУ ВШЭ и Лондонского университета)

Направление: 38.03.01. Экономика

Кто читает: Международный институт экономики и финансов

Где читается: Международный институт экономики и финансов

Когда читается: 2-й курс, 3, 4 модуль

Формат изучения: без онлайн-курса

Преподаватели: Лопатина Оксана Николаевна

Язык: английский

Кредиты: 3

Контактные часы: 52

Course Syllabus

Abstract

Introduction to Law is a half course for the 2-nd year ICEF student which is a part of the HSE degree programme. It is specifically designated so as not to require any prior exposure to law, and does not suppose that students will necessarily pursue any further law options. Nevertheless, it is designed in the belief that an acquaintance with core law concepts and processes is an essential element in the ICEF curriculum. The course seeks to place law in its social, economic, political, historical and philosophical context and thus not only to provide students with a knowledge of legal rules but also to help them develop a critical understanding of the operation of those rules in society. The critical and analytical skills required by a lawyer are valuable in many other contexts. The programme is therefore suitable not only for students who intend to seek entry into the legal professions but also for students intending to seek careers in many other areas, such as banking, management, economics and finance. Introduction to law aims to provide insight into the nature and function of law, familiarize the students with legal concepts and terminology, principal sources of law and of the means by which laws are made, develop an understanding of the nature and purpose of rights and duties in law. The course provides an overview of the major legal systems of the world, introduces the students to the study of constitutions and constitutional system of Government. It also focuses on the key legal concepts, principles and doctrines which underpin the core areas of law, including Constitutional law, Contract law and Company law. Students, through the intensive learning program and through the immersion method associated with lecture courses, learn to read cases, to analyze statutes, to do research pertaining to judicial decisions, statutes, and regulations, and to formulate positions using the conventions and rhetoric of legal argument.

Learning Objectives

• The course objectives include: • acquiring new knowledge, skills, including fields other than professional; • familiarization with the main theories of the development of law. Acquiring a good understanding of different legal systems, main sources of law, their evolution and interaction. • developing a practical understanding and critical thinking skills related to both the constitutional foundational authorities and the limits of those authorities. To be able to critically analyze different issues arising in a society in relation to the problem of realization of civil rights and liberties. • familiarization with the fundamental principles of Contract Law, basic types of contracts. Explore the law of contract in its transactional context. • understanding the rules governing formation, management and dissolution of the most common forms of business associations, as well as the implications of choosing one form of association over others.
• At the conclusion of the course, students should be able to • to use regulatory legal documents in their activity; • to freely communicate, express his thoughts orally and in writing, lead a discussion in Russian and English; • to strategically negotiate and/or draft simple contracts; • to identify relevant legal issues and to understand, interpret and apply statutes and case law in the area of business associations; • to analyze and interpret legal, financial and other information contained in the statements of enterprises of various forms of ownership, organizations, departments, etc.;
• The course is designed to develop a number of skills: • research skills: finding relevant cases and articles; effective use of large ( and highly technical ) body of statutory material; • reasoning skills: understanding how judges can reach radically different conclusions on the same facts; • problem-solving: understanding how many issues can be thrown up by the same set of facts. Strong emphasis is placed on this in tutorials, and all tutorial sheets contain at least one detailed problem question for analysis; • critical skills: assessing how effective the law is, and how it might be made more effective.

Expected Learning Outcomes

• Outline the general concept of a constitutional framework
• Explain the relevant doctrines and provide examples of key cases in each major area of constitutional law
• Explain the factors contributing to constitutional change – both evolutionary and revolutionary – by looking at and comparing the constitutional frameworks of the Russian Federation, the UK, USA and other countries
• Identify and describe key characteristics of a state’s constitution
• Outline the historic aspects of the constitutional developments of the Russian Federation, UK, other countries and their relevance in constitutional law today
• Analyze constitutional law cases using various "tools" of interpretation such as: precedent, text, original meaning, structural principles, a moral reading, policy, and consequences
• Describe the complex relationship between constitutional law, politics, and social change
• Identify and explain the rights included in the constitutions of modern democratic states and their provisions relating to the civil rights and liberties, as the basic statutes employed to implement these rights
• Explain key principles of the Law of Contract
• Describe the ways in which principles of the Law of Contract have evolved
• Apply and analyze the law relating to the formation of contracts (agreement, intention and consideration) and decide whether a contract is formed in a commercial context
• Apply and analyze the law on precontractual misleading conduct, duress and undue influence and recognize the ethical issues inherent in these areas of law
• Recognize the legal consequences, and determine the course of action when there is a breach of contract or misrepresentation
• Logically structure and present legal arguments both in writing
• Select the relevant legal rules and principles to suggest a solution to a given fact scenario
• Demonstrate an understanding of the different methods used in analyzing and arguing about the Law of Contracts and critically evaluate the appropriateness of different approaches to solving problems in the field
• Demonstrate the ability to effectively communicate relevant information and arguments
• Interpret the juridical provisions on the rights and obligations of the parties in a contractual relationship
• Demonstrate comprehensive and accurate knowledge and understanding of those areas of company law identified in the indicative syllabus above and form a critical judgement on areas of controversy within the topics studied
• Demonstrate comprehensive knowledge and understanding of social and economic policy considerations arising in this area
• Critically analyze complex problems in relation to the regulation of companies, apply the legal principles studied to these problems, evaluate competing arguments or solutions and present well supported conclusions both orally and in writing
• Read and study primary and secondary sources of company law, with minimal guidance; critically analyze, interpret, evaluate and synthesize information from a variety of sources
• Identify sources for research and further develop a strategy for research using standard and electronic research tools

Course Contents

• Constitutional Law
  Introduction to Nature, Classification and Sources of Law Constitutional law The Concept of Constitutionalism. Principles of Constitutional Law. Doctrine of the Separation of Powers. Rule of Law Constitution. Power Structure. Human Rights and Liberties
• Contract Law
  Fundamentals of Contract Law. Basic Principles. Types of Contracts. Formation of Contract. Essential Elements. Terms of Contract. Matters Affecting the Validity of Contract. Discharge of Contract. Breach of Contract.
• Company Law
  Introduction to Company Law. Types of Business Organizations. Partnerships. Types of Companies. Legal attributes of Companies. Formation of Company. Financial Structure of a Company. Company’s Capital. Maintenance of Capital. Share Capital. Types of Shares. Loan Capital of a Company. Types of Bonds. Charges. Fixed and Floating Charges. Management Structure of a Company. Rights and Duties of Directors. Protection of Minority Shareholders. Fundamental Changers. Insolvency, Mergers and Liquidations.

Assessment Elements

• class record
  home assignments, occasional quizzes, participation in the class discussion
• midterm test
• final exam
  The exam is three hours long and will count for 60 % of your final grade. It is all entirely questions in the typical “issue-spotting” mode. The students will be required to answer four from a choice of eight short questions. Suggested approach: 40 minutes for each question (Indicative length –1.5 pages, not to exceed 2.5 pages per question).

Interim Assessment

• Interim assessment (4 module)
  0.1 * class record + 0.6 * final exam + 0.3 * midterm test

Bibliography

Recommended Core Bibliography

• An Introduction to Constitutional Law, Barendt, E., 1998
• Company law, Dine, J., 2005
• Contract law, McKendrick, E., 2009

Recommended Additional Bibliography

• Business law, Keenan, D., 2005
• Rosenfeld, M., & Sajó, A. (2012). The Oxford Handbook of Comparative Constitutional Law. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4E3D3A53