Theory and History of State and Law
|Name of the study programme:||Theory and History of State and Law|
|Field of study:||30. Law/ISCED-F 0421 Law|
|Cycle/level of qualification:||third/ISCED 8|
|Academic title:||doctor (philosophiae doctor) (PhD.)|
|Form of study:||full-time/part-time|
|Code PraF UK AIS2||dTDSP15/dTDSPx15|
|Standard length of study:||three years (full-time)/four years (part-time)|
|Method of study||attendance method|
A graduate of the doctoral studies in the theory and history of the state and law study program masters the scientific methods of basic and applied research in legal sciences, which serve as a basis for carrying out research and development and creating new scientific knowledge in the field of law, while the graduate is focused on the discipline theory and history of the state and law or a combination with positive legal branches. Constitutional or international law is mainly offered here. However, since the theory and history of the state and law deals cross-sectionally with the theory and history of all legal branches, the graduate can acquire specific skills for all of them. In addition to such practical skills, the graduate is enriched with knowledge from the history of law, legal philosophy and legal theory, within which he acquires knowledge of specific topics, such as the relationship between law and morality, theories of justice, issues of positive and natural law, the rule of law, and values in legal history. This knowledge is superstructure for legal professions and is an advantage not only for legal practice, but also for legislative activity, decision-making activity and judicial practice.
In the given areas, he presents knowledge at the highest level, which is primarily represented by his publishing activity.
The graduate can analyze, synthesize and compare the legal institutes of the legal branch of the theory and history of the state and law, as well as related legal branches, with the aim of creating proposals de lege ferenda, in the interest of their more effective application in the legal order. He is able to use all basic scientific methods of research in his scientific work, while he is able to connect not only legal institutes from the field of legal theory and legal history, but also to think critically and interdisciplinary. The graduate also possesses conceptual, analytical and synthesizing knowledge in the field of legal theory and legal history, with wide application in legal science and practice. With his personal scientific contribution, he is able to shape the further development of the legal branch of the theory and history of the state and law on a national and partly international scale. Applies acquired knowledge in practice with knowledge of choosing alternative conceptual or individual solutions.
The graduate applies his own findings of his theoretical analysis and his complex scientific research in solving problems in social relations at the national, EU and international level. Based on his outputs and findings, he can propose, verify and implement new scientific knowledge. Within the legal branch of the theory and history of the state and law, he is able to identify its shortcomings, propose their solution by means of interpretation or law-making methods, and compare the current state of knowledge in the legal branch of the theory and history of the state and law with the legal situation in other countries. In a given context, the graduate presents the most advanced and specialized skills and techniques, including the ability to synthesize and evaluate, that are required to solve fundamental problems in the field of research and/or innovation and to extend and redefine existing knowledge or professional practices.
The graduate has independent critical and analytical thinking, which he applies in changing social conditions, and is able to independently present the results of research and development in the field of law, in the legal branch of the theory and history of the state and law, as well as in related legal branches, before the scientific and professional community in Slovak Republic and abroad.
The graduate acquires the ability to work scientifically and pedagogically at the required methodological level in the field of law, in the legal branch of theory and history of the state and law, as well as in related legal branches, on the basis of which he is ready to work qualifiedly within the pedagogical process at universities in the given fields.
The graduate acquires the ability to demonstrate considerable authority, innovation, independence, scientific and professional integrity, and assumes a permanent commitment to developing new ideas or practices. The subject components are primarily reflected in the graduate's ability to determine the focus of research and coordinate a team in the scientific field of theory and history of the state and law, as well as in related legal branches, and in regular publication activity, the quality of which corresponds to the standards of the Internal System of Quality Assurance of Higher Education of the Comenius University in Bratislava (Internal Regulation No. 23/2021), as well as the standard of Internal Regulation No. 5/2021, which regulates the internal system of quality assurance of higher education under the conditions of the Comenius University in Bratislava, the Faculty of Law and the Standards for the Internal System of Quality Assurance of Higher Education of the Slovak Accreditation Agency for Higher Education (hereinafter all three documents will be referred to as "Quality Standards") and which the graduate presented during his doctoral studies.
The goals of education in the study program of the legal branch of the theory and history of the state and law are achieved through the following measurable educational outputs in individual parts of the study program, which consists of a teaching part, a scientific part and a pedagogical part.
Teaching part - mainly teaching within profile subjects:
Methodology of science
Methodology of qualitative legal research
Within the above-mentioned subjects, it is ensured that the individual study programs of doctoral studies are strengthened in the study part in a common basis from the point of view of the methodology of science.
Within the Methodology of Science subject, student outputs are presented by the ability to formulate research hypotheses, by deepening skills in the application of methods of analysis and synthesis when writing scientific works, by complying with the requirements of the Quality Standards.
As part of the subject Methodology of qualitative legal research, the student will learn the method of qualitative research, which is in the context of determining the purpose and goals, the collection of data, the process of their analysis up to the writing of the final report, aimed at understanding and interpreting the meanings that the researching persons assigns to their experiences and perceptions . The goal is the search for causes and connections in the worlds of individuals and subsequent inductive prediction leading to answers to research questions.
Legal historiography and theory of law 1
After completing the subject, the student will acquire:
Ø methods of interpretation, hermeneutic in general, at the level of independent examination of legal and meta-legal documents, with the result of formulating the problem and possible solutions;
Ø historical-legal method of researching institutes in the development of the state (their origin, stages of development, in horizontal and vertical contexts);
Ø perfect work with the literature, with independent establishment of the subject of investigation, hypotheses for its solution based on and arguing from the knowledge of the literature.
Legal historiography and theory of law 2
After completing the subject, the student will acquire:
Ø concepts and categories of constitutionalism in historical development, based on knowledge, interpretation and comparison of the text of constitutions from the 18th century to the beginning of the 21st century;
Ø interpretation of the institutes of personal, property, obligation and inheritance law: he perfectly knows the structure of the institutes and their gnoseological (legal doctrine) and sociological (socio-economic and political context) determination.
Legal science (theory, system, methodology) 1 and 2
The educational output for the student is an introduction to the possibilities and methodology of research in the field of jurisprudence, especially learning about different types of interpretation of law and legal regulations, and the specifics of the use of specific methods in legislative or application practice.
Law (legal order, jurisprudence) and challenges of the 21st century
The educational output for the graduate is:
Ø adopting a theoretical and methodological approach to the phenomenon of law as a historically evolving changing system of "rules of conduct" in three attributes of its form:
a) a set of legal norms;
b) legal relations;
c) egal awareness;
Ø knowledge of the effect of such a structured system during systemic social changes in Slovakia and Europe at the turn of the 20th and 21st centuries.
The minimum scope of compulsory optional scientific activity results from the Directive of the Dean of Comenius University in Bratislava, Faculty of Law, which regulates the evaluation of selected scientific activities of university teachers, researchers and doctoral students at Comenius University in Bratislava, Faculty of Law (Internal Regulation No. 1/2018). Pursuant to Article 6(1) of Internal Regulation no. 1/2018 the faculty of law annually prepares an overall assessment of the scientific and professional activity of the persons listed in Art. 1, including doctoral students. During the evaluated period (1 calendar year), the doctoral student of the faculty of law is obliged to achieve an evaluation of at least 30 points for the publication activity in the case of a full-time doctoral student, and at least 20 points in the case of a part-time doctoral student. A full-time doctoral student must achieve at least 35 points in the overall evaluation for the evaluated period (1 calendar year). A doctoral student in an external form of study is obliged to achieve at least 25 points in the overall evaluation for the evaluated period (1 calendar year). The specific number of points for individual categories follows from Art. 2-5 of Internal Regulation no. 1/2018: https://www.flaw.uniba.sk/fileadmin/praf/O_fakulte/Dokumenty/VP_2018/VP_2018_01.pdf
The quality of the publication activity of doctoral students, especially in the context of the Quality Standards, is evaluated annually by the Council for the Quality of Science and Doctoral Studies of the Comenius University in Bratislava, Faculty of Law.
The doctoral student, at the beginning also under the supervision of their supervisor, applies and improves the skills in teaching that he previously acquired through their own observation in the mentioned subjects and within the profile subject Basics and application of legal education: methodology of the pedagogical process.
- University teacher in the position of assistant professor in the field of Law with a focus on the theory and history of the state and law, subject to the fulfillment of the conditions established by the relevant regulations and in the functional positions of docent and professor,
- researcher in various scientific institutions (Slovak Academy of Sciences, Institute of National Memory and others),
- judges of courts (after meeting the additional conditions established by relevant regulations, including the general system of courts, as well as the Constitutional Court of the Slovak Republic),
- senior staff of analytical departments at the highest courts, senior staff of central and local state administration bodies and European structures,
- working in the non-governmental sector,
- members of ethics commissions,
- practicing the profession of attorney (after meeting the additional conditions established by the relevant regulations),
- the field of media and journalism.
Required skills and requirements for admission to study:
Conditions for admission to study at the Comenius University in Bratislava, Faculty of Law, according to § 57 of Act no. 131/2002 Coll. on Higher Education Institutions and on Amendments to Certain Acts as amended and information pursuant to Art. 3 par. 5 of the rules of the admission procedure at the Comenius University in Bratislava (internal regulation No. 4/2021):
Procedures for admission to study:
Rules of the admission procedure at Comenius University (internal regulation 4/2021)
Members of the Study Programme Council:
prof. Mgr. Miroslav Lysý, PhD.
prof. Mgr. Mgr. Andrej Démuth, PhD.
|doc. JUDr. Mgr. Martina Gajdošová, PhD.||VUPCH||VTČ|
doc. JUDr. Rudolf Kasinec, PhD.
doc. JUDr. Mgr. Martin Turčan, PhD.
|Member:||doc. JUDr. Branislav Fábry, PhD.|
|Students:||Mgr. Sára Majerová|
JUDr. Ing. Miroslav Kadúc, PhD. – Kaduc & Partners
Meetings of the Study Program Council:
Minutes (in Slovak):
discussion of the graduate profile proposal
evaluation of the study programme for the year 2022/2023
discussing and approving updates to curriculum descriptions and the internal evaluation report
Accreditation Council of the CU, FLAW
Accreditation Council of the CU
Framework agreement on cooperation with an external educational institution: Agreement
Descriptions of study programs and internal evaluation reports:
Study program code CRŠ/PraF UK AIS2: