• Press Releases

    The Lebanese Association for the Philosophy of Law is launching a project to be implemented during the seven coming months. The project aims at the inclusion of "Philosophy of Law" or "Jurisprudence" in the curriculum of the Lebanese University due to the importance of this subject matter in the strengthening of the Lebanese legal institutions and the furthering of the Rule of Law. The project is funded through the United States Agency for International Development (USAID) -Transparency & Accountability Grants Project- managed by AMIDEAST/Lebanon

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  • Pamphlet

    The best way to advance Good Governance and Transparency by generating within the juridical community and the wider society an awareness of the importance of legal philosophy on the democratic process, is to introduce “Philosophy of Law” to our national curriculum.

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  • Poster

    To introduce “Philosophy of Law” to the curriculum of the Lebanese University’s Law Degree.

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Decree Proposal
The justification for the proposal to introduce the subject "The Philosophy of Law" in the academic curriculum at the Faculty of Law and Political and Administrative science from the Lebanese University.

Proposal submitted by Georges Saad, a professor at the Faculty of Law and Political and Administrative science from the Lebanese University

We are a group of teachers in the faculty of law and political science and administrative who want this proposal, driven by our conviction that the philosophy of law has a considerable importance in law education. While the philosophy of law was subject to almost eighteenth-century theories of natural law, or religious rationalists and served mainly to legitimize authoritarian regimes, it acquired today a growing importance and serves as a reference and support in many judicial decisions. In short, the philosophy of law humanises the legal approach and the law to get off his throne.

The philosophy of law restores to the law its original role, that of bringing justice, and giving the power of the public responsiblity.

Who says philosophical approach in adopting a text (parliament), the reading of a text (for courts, lawyers or lawyers) said in the fact to go to the bottom of things to see how the thief had stolen, why the officer took the illegal money, why the criminal has killed ...

The philosophy of law is returning to the founding ideas of justice, equality and freedom (Plato, Socrates, Aristotle). how many authoritarian regimes and injustice since the golden age of the Greeks! While we start from an assumption that can contest some authors: the jurist philosopher would be human, while the jurist, positivist-formalist reader of the text would stay away from the human approach and would has tendency to apply the law in a frozen, ice, Cold way. And when we know that the law is a superstructure in a society that was not in equal, we understand that such a positivist approach is hurting.

That explains why the philosophy of law is increasingly being taught in universities in the world; particularly in the United States, Great Britain, and now increasingly in France.

It does not appear in any of the university law degree in any university of Lebanon, and, we believe,even in the Arab world. But we found that the philosophy of law is present in the work of Lebanese lawyers and,especially, in the work of Lebanese judges. Indeed in the last ten years an increasing number of Lebanese judges make legal decisions that are very philosophical: about adoption (John Qazzi),administrative responsibilities, criminal law (Khaled Hammoud and Ralph Riachi) of right to a fair process (see Elias Ghosn of the State Council), etc. ..

In the United States and Europe a philosophers of law are increasingly talking about them: Habermas, Hart, Rawls, Dworkin, Troper .. and groups of anti-positivist jurists are constituted (Miaille Michel, Philippe Dujardin in France). But the juridical past in Lebanon as the Arab world is full of juridical philosophical written: let us mention here the contribution of Muslim Jurists in their endless work in the various Islamic religious schools, and the work of jurisconsults Eastern Christians. Studying the philosophy of law in faculties of law, is also a recognition given to the philosophy of law in the East.

Finally studying the philosophy of law is an open-mindedness for our students suffering increasing education law frozen and hard, especially in private law; it is even an open mind to the lessons, also victims of an overly positivist law and the legal order.

In justification of our proposal (which the english preview is only a small summary) we presented and analyzed a decision of the Lebanese Council of State (Elias Ghosn's decision) where the lebansese administrative judge has made great efforts of analysis and philosophical interpretation in order to avoid the application of a repressive law which prohibited to provide any appeal against disciplinary decisions made by the Disciplinary council of the Public Service.

We hope that the academic lebanese authorities, administrative and political will respond positively to our project to expand the culture of philosophy of law and to introduce the philosophy of law as a subject in the curriculum of the Law license , Faculty of Law and Political and Administrative Sciences at the Lebanese University..

AMIDEASTUSAID

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