Legal Method

Introduction

The course in legal methodology deals with the legal norms that govern legal reasoning and the professional conduct of lawyers. The doctrine of legal sources is the key to understanding legal thinking and outlines the procedure for resolving legal issues. The value-based foundation of methodological teaching is connected with central characteristics of our legal system, such as the principle of separation of powers, the legislative process, Norwegian legislative tradition, and the structure of the court and administrative system.

International legal sources, with an emphasis on EU and EEA legal sources, play a central role in the course. Furthermore, technological developments have increasingly significant implications for the doctrine of legal sources and legal reasoning, which are naturally integrated into the course.

The study of methodology provides a foundation for working with both familiar and unfamiliar areas of law. The methodological perspective is also fundamental to, and an important part of, the other subjects in the study of jurisprudence.

Course content

The course covers the following topics:

• Central legal basic concepts, such as the concepts of law, legal rule, legal source, right, legal application, discretion, duty (mandate, prohibition), and competence.
• The distinction between written (statutory) and unwritten (non-statutory) law, including the principle of legality.
• Principles of legal sources, including the distinction between relevance, interpretation, and coordination (relevance, inference, and weight).
• The special legal status of the Constitution.
• The significance of EU and EEA legal sources in Norwegian law.
• Key international conventions.
• Main principles for statutory interpretation, including the distinction between clarifying, expansive, analogical, and restrictive interpretation.
• Main principles for understanding/interpreting other legal sources.
• Court judgment analysis.
• The structure of the court system.
• The relationship between general legal rules and individual norms, such as those established by contract.
• Resolution of rule conflicts, including the lex principles.
• Training in various assignment techniques.
• The significance of technology for legal sources and legal reasoning.
• Practical application of law.