Legal methodology

Duration

Interpretation and application of the law : 48h Th
Documentary research methods and critique of sources : 24h Th

Number of credits

Lecturer

Interpretation and application of the law : Pierre Moreau
Documentary research methods and critique of sources : Pierre Moreau

Substitute(s)

Documentary research methods and critique of sources : Zoé Verfaillie

Coordinator

Pierre Moreau

Language(s) of instruction

French language

Organisation and examination

All year long, with partial in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

While classes on positive law aim mainly to communicate an understanding of the rules of law, legal methodology focusses on the process of making and implementing these rules. Legal methodology aims to study the progress of legal thought in its search for a solution to a legal problem, aided by a legal rule.

The legal problems either involve law-making or the application of laws. Both require an understanding of the law in order to be resolved.

Each of these problems corresponds to a method of reasoning: the method of creating law or legislation in the broadest sense, the method of applying the law and, in terms of understanding of the law, the method of inventing law.

In the Legal Methodology course within the Bachelor's in Law, we will study :

1) the method of inventing law, which includes two elements: legal documentary research and legal interpretation.

a) Legal documentary research aims to independently update written standards, legal decisions, or doctrinal publications, through written documentation and databases both internal and external to the University. It also aims to correctly reference the results of research.

b) In our legal system, most standards are written. Legal interpretation deals with reasoned approaches which must be accomplished to seek meaning in the texts.

2) Updating standards and understanding them is not its itself enough. They need to be applied to real situations. Application of the law consists of three stages: establishing the physical and legal facts; researching the rules likely to be applied using qualification and legal systematics; checking the legalities of the rules found. For various reasons, this course will largely focus on the application of law from a litigation perspective.

For the same reasons, the method used to create the law will not be addressed.

Learning outcomes of the learning unit

The Legal Methodology course aims to :

- understand the processes, principles and techniques of a rigorous legal argument, both in terms of interpretation of the rules of law and their application.

- understand how to research, independently, a written standard, a legal decision, or a doctrinal publication, through digital databases and written documentation.

- learn how to read a decision from the Court of Cassation ;

- learn how to correctly reference the results of research and distinguish between different types of sources ;

- become aware of the impact and issues involved in artificial intelligence in documentary research and the application of the law.

Going beyond these immediate objectives, which give rise to skills indispensable to completing the work required for the university curriculum, this course contributes towards developing students' analytical and investigative capacities [formulating a question (setting a research objective / verbo in a branch of law), taking a position with regards to a typology (legal or documentary: which type of sources / documents to research), logical and comprehensive sequencing of a series of operations]. It stimulates formal rigour in the presentation of results. It mobilises concepts previously covered in courses on positive law and gives a certain depth to these concepts. 

Prerequisite knowledge and skills

The following elements are required :

- an understanding of French law ;

- a particular interest in reading and analysing texts, as well as rigour in scientific reasoning ;

- an understanding of the institutions which produce standards and the hierarchy of legal sources, an understanding of the legal apparatus which makes these decisions, and the basic elements of legal vocabulary.

Planned learning activities and teaching methods

See below next point.

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

Face-to-face course


Additional information:

1) The first part of the course on documentary research methods and the critique of sources is given in the first term. It includes :

- lectures on the major sources of law, their written materials (digital or printed), research instruments, the impact and issues involved in artificial intelligence in the legal field, and reading decisions from the Court of Cassation ;

- practical work in the library and IT resource room with the support of student-monitors.

2) The second part of the course relates to the interpretation and application of the law, and will take place in the fourth term. It takes the form of presentations of theory combined with illustrations of this in practice (interpretations of texts, practical applications).

Recommended or required readings

Students should have the following work :

- P. DELNOY, Eléments de méthodologie juridique, 3e éd., Bruxelles, Larcier, 2008 (tirage 2009) ;

- P. DELNOY et P. MOREAU, Eléments de méthodologie juridique. Recueil de textes, 2e édition, Bruxelles, Larcier, 2019 ;


- P. MOREAU, F. CREVECOEUR et P. GOFFIN, Méthodologie juridique. Complément, Presses Universitaires de Liège, 2023-24 ;

- N. BERNARD (dir.), Guide des citations, références et abréviations juridiques, 6e éd., Waterloo, Wolters Kluwer, 2017.

Assessment methods and criteria

Exam(s) in session

Any session

- In-person

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


Additional information:

The course on Legal Methodology will be evaluated by a single grade out of 20. This is calculated as follows.

The oral exam, organised at the end of the first term and focussed on legal documentary research and drafting legal references is graded out of 20. The written exam which takes place at the end of the second term, and which covers the methodology of legal interpretation and the application of the law as well as reading a decision of Court of Cassation and the impact and issues involved in artificial intelligence is graded out of 80. The total grade obtained (out of 100) is divided by 5 to give a final grade out of 20.

However, students who are awarded less than 7/20 in the oral exam at the end of the first term can receive a maximum grade of 9/20. The weighting of the exam grades at the end of the first and second terms (20/80) reflects the volume of material covered, respectively, but not the respective importance of these subjects. Legal documentary research is essential in legal practice. It is, therefore, inconceivable for a student to obtain the credits for the legal methodology course when they are unable to carry out legal documentary research.

Students who do not present at the oral exam at the end of the first term and the written exam at the end of the second term while be graded as "absent".

Partial exemptions may only be granted in the second session :

Any student who, in the first session, sat the oral exam at the end of the first term and the written exam at the end of the second term will be exempt in the second session (August-September) from sitting any exams for which they have obtained the equivalent of a grade of 10/20 or more.

During the written exam (on the methodological of legal interpretation and the application of the law as well as on reading a decision of the Cour de Cassation and the impact and issues involved in artificial intelligence), students may use a collection of texts (see section on recommended and compulsory reading and course notes). This collection must not contain any annotations (with the exception of the student's name). No highlighting, underlining or use of post-its is permitted.

Work placement(s)

Organisational remarks and main changes to the course

Contacts

For any questions relating to the training sessions in documentary research taught by the student teaching assistants, please contact :

Frédérique HAUFROID, student teaching assistant, frederique.haufroid@student.uliege.be  

For any other questions, please contact:

Pierre MOREAU, Professor at the Faculté de droit de l'Université de Liège, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, tel. : 04/366.30.86; e-mail: pmoreau@uliege.be

Victoria PALM, Assistant at the Faculté de droit de l'Université de Liège, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, tel. : 04/366.30.84; e-mail: victoria.palm@uliege.be 

Florence BODSON, Assistant at the Faculté de droit de l'Université de Liège, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, tel. : 04/366.57.63; e-mail : florence.bodson@uliege.be 

Pascaline GOFFIN, Assistant at the Faculté de droit de l'Université de Liège, Quartier Agora - Place des Orateurs, 3 (Bât. B31), 4000 Liège, tel. : : 04/366.30.11; e-mail : pascaline.goffin@uliege.be    

Other participants :

Patrick WAUTELET, Ordinary Professor at the Faculté de droit de l'Université de Liège

Marjory DRAPIER, lecturer at the Faculté de droit de l'Université de Liège

Association of one or more MOOCs