Law and its special importance in teaching at universities after the year 2020

Abstract

According to the ancient Romans, law was the art of good manners and justice, but above all the foundation of the state, which is the foundation of every human society. It is not only for this reason that law is currently included among the compulsory subjects at universities of non-legal specialization. Especially, in the connection with the complex accreditation of higher education institutions in 2020, efforts are being made to eliminate it, to categorizate law as optional subjects. The main aim of the paper is to examine the necessity of education of students and non-law colleges in the field of law, especially on the basis of specialization of study fields and subjects. We want to achieve the goal of the paper using several scientific methods of investigation, which will examine the legislation as well as the scientific literature. The result of this paper is a comprehensive view of the need to teach law at universities after 2020.

Full text

Law and its special importance in teaching at universities after
the year 2020
Mária SREBALOVÁ
Faculty of Law, Comenius University in Bratislava, Bratislava, Slovak Republic, e-mail:
maria.srebalova@flaw.uniba.sk
Tomáš PERÁČEK
Faculty of Management, Comenius University in Bratislava, Bratislava, Slovak Republic, e-mail:
tomas.peracek@fm.uniba.sk
Boris MUCHA
Faculty of Management, Comenius University in Bratislava, Bratislava, Slovak Republic, e-mail:
boris.mucha@fm.uniba.sk
Martin LACUŠKA
Faculty of Management, Comenius University in Bratislava, Bratislava, Slovak Republic, e-mail:
martin.lacuska@fm.uniba.sk
Abstract
According to the ancient Romans, law was the art of good manners and justice, but above all the
foundation of the state, which is the foundation of every human society. It is not only for this
reason that law is currently included among the compulsory subjects at universities of non-legal
specialization. Especially, in the connection with the complex accreditation of higher education
institutions in 2020, efforts are being made to eliminate it, to categorizate law as optional subjects.
The main aim of the paper is to examine the necessity of education of students and non-law
colleges in the field of law, especially on the basis of specialization of study fields and subjects.
We want to achieve the goal of the paper using several scientific methods of investigation, which
will examine the legislation as well as the scientific literature. The result of this paper is a
comprehensive view of the need to teach law at universities after 2020.
Keywords: law, teaching, universities
Introduction
According to the ancient Romans, law was the art of good manners and justice, but above all the
foundation of the state, which is the foundation of every human society (Burda, 2013). It is not
only for this reason that law is currently included among the compulsory subjects at universities of
non-legal specialization. Especially, in the connection with the complex accreditation of higher
education institutions in 2020, efforts are being made to eliminate it, to categorizate law as
optional subjects. Intention of authors, who works as university teacher at Comenius University in
Bratislava, is to point at recency of education of law at universities with regard to students of non-
legal faculties. This follows also from provision of § 15 of act no. 400/2015 Col. on Creation of
legal regulations and on Collection of laws of the Slovak Republic and changes and additions of
other acts as amended, under which presumption of knowledge of everyone affected applies to
everything which was published in the Collection of laws by day of publication; presumption of
knowledge is irrefutable.

Alongside professional profile of university graduates it is also important to specify their
preparation focused on additional, mainly general, education. Mainly the area of law, public as
well as private, appears to be the most important profiling. According to Funta (2018) and Mura
(2019) for profiling of graduates of management-oriented studies mainly theory of law and basics
of private law seem to be appropriate alternative of additional subjects to subjects of bachelor’s
and master’s studies. Commercial law and labor law are also appropriate subjects for completion
of profiling of graduates (Duľová et al., 2017).
The main aim of the paper is to examine the necessity of education of students and non-law
colleges in the field of law, especially on the basis of specialization of study fields and subjects.
We want to achieve the goal of the paper using several scientific methods of investigation, which
will examine the legislation as well as the scientific literature. The result of this paper is a
comprehensive view of the need to teach law at universities after 2020.
Profiling of graduates of management-oriented faculties
According to Peráček et al. (2018; 2019) management is field of study registered in system of
fields of study administered by Ministry of education, science, research and sport of the Slovak
Republic as area of knowledge in which graduate of study program acquires professional
qualification resp. competence to exercise given profession or prepares for continuance in follow-
up master’s or engineer’s university study. Under system of fields of study Economics and
Management field of study can be studied in several degrees of study:
1. in firs degree of university study (Bc.) with standard length 3 years,
2. in second degree of university study (Ing. or Mgr.) with standard length 2 years, while i
tis assumed, that graduate has finished bachelor‘s degree in field of study Management or
in some or related field of study such as Economics and the like,
3. in third degree of university study (PhD.) with standard length of study in daily form 3
years and in external form 5 years.
Graduates of accredited field of study Management should be qualified to perform, according to
completed degree of university study, several professions:
a) Junior manager – manager of 1st degree of administration resp. manager up to middle
level of administration in organization with achieved university education of first degree
with title bachelor, skilled with basic functions of management and after appropriate
period of professional practice able to administer teams on level of section or department.
Besides of that such person has knowledge of economics, marketing, accountancy,
statistics, informatics and also of basics of law (Nováková et al., 2018).
b) Senior manager – as manager of 2nd degree, higher or senior manager resp. manager up
to top level of administration in organization, who proves his knowledge by university
education of second degree in master‘s or engineer’s study program. According to
Komjathy (2016) he is fully acquainted with upgrade functions of management, able to
solve administrative problems in wider context and after appropriate practice is able to
administer teams in organization not only on level of division but using his complex
knowledge of company he is able to lead the whole organization.
c) Scientific worker in management – represents specific, the highest category of manager
of 3rd degree, who can function as scientific and research worker in management or
manager up to top level of administration in groups of organizations (companies,

institutions) with acquired university education of 3. Degree (Benda-Prokeinová et al.,
2017). He is, under acquired qualification as top manager skilled in scientific methods of
perfection of functions of management, able of individual creative research work,
because he has complex and deep knowledge of organization and groups of
organizations. According to Remišová and Lašáková, (2013), after absolving appropriate
practice he, becomes top Professional on leading of companies resp. institutions.
Need of complex education and training of new managers is reasoned by need of professional
performance of administrative work on elementary, middle, top and supra-departmental level of
administration in demanding competing environment, which requires education of professionals –
managers disposing with knowledge and skills of general management, that are based on modern,
scientifically approved findings and practice of the best world and domestic companies (Kotvitska
and Lobova, 2013). General manager’s education predestines them mainly to positions of
coordinators and leaders as autonomous proficiency in company, who can comply, productively
utilize and mainly evaluate work of individuals, groups of workers and whole organizations of
various functional, specialist, professional interests and industrial establishments (Majerčáková et
al., 2016 and Mittelman et al. 2016).
According to Mura et al. (2019) similar study programs exist also abroad, for instance FPH VSE
in Prague – Economics and management, FM in Jindrichuv Hradec, VSE in Prague –
Management, OPF Karvina, SU in Opava – Economics and management, ESF MU in Brno –
Economics and management, WU Vienna – BA (bachelor of administration), MBA (master of
business administration) etc.
As equivalent fields of study BA for 1st degree of university study, MBA for 2nd degree of
university study and PhD. For 3rd degree of university study are almost on every western-
European and north-American university.
However, in this context it is important to point also to existence and circumscription of relative
fields of study and to differences among them:
1. Economics and management of company – generally without industrial specialization
2. Economics and administration of company – industrial specialization such
as engineering or building industry is relevant here
3. Management and administration of company – represents functional specialization
with focus on human resource, finances, technology, logistics, informatics.
Mentioned existing relative fields of study do not focus only on management with aim to educate
a general manager, who would be focused mainly on line administrative positions (Mináriková et
al., 2016). They combine profession of manager with profession of company economist. They
orient graduate on value side of company processes, while they suppress overall and integrated
understanding of company. According to Cesneková et al. (2017) functional and industrial
specializations are emphasized at the expense of whole, complex and sectional knowledge and
managing of all functions of organization and because of that reason those graduates do not reach
level of general manager as integrator and coordinator, who is separate administrative profession
sui generis.
Contentual structure of education with special regard on education of law
According to Lazíková and Števček (2012) graduates of bachelor’s management study program

should understand and become familiar with basic terms, principles and methods of theory of
management, they should acquire basic knowledge of economics, company economy, relative
disciplines and they should be familiar with inevitable legal minimum. Such structure of education
presupposes their ability to administer teams and intradepartmental units, to know all
administrative processes, to quickly adapt and to become familiar with departmental and sector
particularities (inputs, processes, outputs), to identify and analyze administrative and factual
problems in entrusted area, to suggest and realize practical solutions with positive economic
outcome. During their study they will already gain ability to watch, analyze and evaluate
functioning of organization in business and societal environment through appropriate methods,
procedures and instruments. They have basic knowledge of management, human resources,
marketing, economics, accountancy, statistics and informatics, which they should be able to apply
in business sphere in any environment, in public institutions as in non-governmental sector. Their
capacity to solve partial problems in system of administration of organization (company,
institution) is supposed.
Macroeconomics, Finances and currency, Company economics, Marketing (Strážovská and
Vítkovič, 1997), Math, Statistics, Law, Informatics, Management, Accountancy, National
economy, Microeconomics, International economic relations, are listed among focal subjects in
bachelor’s degree of study, which is finished by bachelor‘s theses defense and state exams from
compulsory and optional subjects. Graduates of field of study Management in 2. Degree of study,
which is finished by diploma theses defense and oral state exam, should have deep and complex
knowledge of management, based on which they can administer large teams, quickly adjust and
adopt departmental particularities (inputs, processes, outputs). They are able to identify, analyze
and evaluate problems and processes in reciprocal connections and in context of whole
organization and environment in which they work being able to manage more complex
applications of company information systems, they are able to use communication techniques
designated for large groups of people and they are able to manage excessive working charge with
ability to regenerate (Grancay et al, 2015).
Graduate of the third degree of university study in field of study management gains knowledge of
contemporary state of scientific knowledge in theory and practice of management, which are based
on own scientific research and individual creative activity. He is able to work individually
theoretically and creatively, to identify and solve problems of practice and to apply acquired
knowledge in it. He is able to use scientific methods of research in management. He has complex,
deep and special knowledge of management of organizations and chosen disciplines of
management (Capandová, 2015). This type of study is finished by passing of dissertation exam
and succeeding dissertation theses defense.
Interest of universities in education of law
According to Čentéš and Burda, (2016) most of universities resp. faculties of non-legal orientation
are aware of importance of legal knowledge of their graduates and because of that they put special
emphasis on education of Theory of law, which continually deals with concept of law and asks
question, what law is. Ancient Romans defined it as: „IUS EST ARS BONI ET AEQUI“ - Law is
art of good and justice (Fábry et al., 2011). Nowadays we could characterize it as „system of legal
norms or normative system, which recognized by state as law,“ or as „formally published societal
normative and regulative system, which is created or recognized by state in order to reach certain
social purposes and to enforce and protect certain social interests, and its norms are enforceable by
state power.“ Other authors define law as system of binding rules of conduct (Močarníková et al.,
2018). Object of law is regulation of human conduct and law has several functions in society:

 it stabilizes social relations, creates order, harmony of organized coexistence
 by its means, resp. mechanisms it solves conflicts
 it protects important values of society (life, health, property, freedom)
 it integrates society to one complex, by which it ensures its survival in future,
 it suppresses socially intolerable behavior of individuals and educates its members
to socially acceptable behavior
 it rationalizes social relations and processes by creating complex of foreseeable rules of
conduct (Fábry et al., 2017).
Law can be further divided in objective, which gives us answer what we can and what we cannot
do in given time and space. Unlike objective law, subjective law represents possibility to behave
in certain way, this behavior, however, cannot contradict objective law. In higher grades students
have in their educational process as compulsory chosen areas of law:
1. commercial law, which regulates position of businessmen, commercial legal
commitments and also other relations linked to business. In education the role of teacher
is to prepare students and to teach them correct orientation in area of commercial law
relations, to make them know precepts of legal regulation of commercial law, with
construction, purpose and legal regulation of particular institutes of commercial law, to
lead them to correct interpretation and application of commercial legal regulations in
practice (Kočišová et al., 2018). Here students will come in touch with issues of business,
position of company, businessman, importance of business name, unfair competition, but
also with founding, creation, change and cessation of corporation and cooperative
society. Preparation of students in area of commercial obligations with focus on
particular types of contracts is inseparable part of education in area of commercial law
(Milošovičová et al., 2018).
2. labor law, whose object is work as human activity as such, not the result of that activity,
which has several features. Function of labor law, dwelling in protection of rights and
legitimate interests of employee and employer, is expressed mainly through legislation,
control, protection and education of subjects of labor law mainly with support of state
organs (Pučko et al., 2013). By passing the subject students as future managers should be
able to orient in area of labor law relations, they should become familiar with precepts of
legal regulation of labor relations, with construction, purpose and legal regulation of
particular labor law institutes, become able to correctly interpret and apply labor law
statutes Vilčeková et al. (2018).
In order to deepen knowledge of economy subjects and of commercial law it seems appropriate for
students to have possibility to choose optional subject Law of stocks, purpose of which in
bachelor’s degree is to familiarize students with issue of stocks as one of instruments of financial
market out of legal regulation in Slovak Republic and to explore basic terms of special legal
enactments Tomčík and Rosenlacher, 2014). During master’s study it is possible to increase legal
awareness of future managers and such possibility is supported and extended by subjects Law of
media and Computer law. It is important to emphasize, that law of intellectual property and law of
information technologies are ranked among other chosen areas of law at universities of non-legal
orientation. This area of law is included in study programs mainly by universities or colleges of
technological orientation, at which preparation of students in these areas of law appears to be
necessary already today (Jankurová et al. 2017). According to Lašáková and Remišová (2017) in
the area of intellectual property law it is mainly copyright law and patent and design law.
Regarding preparation of students in law of information technologies it is mainly electronization
of legal acts, use of electronic signature in business and administrative conduct, forms of computer

criminality and forms of computer or software piracy and also protection of personal information.
Kirchmayer at al., 2019 does, that this area of law is very closely linked to informatization of
society and it appears more and more as inevitable to strengthen this area of law and to incorporate
it to educational process at all kinds of colleges or universities.
Interest of students of Faculty of management in education of law
We get to the most important question, and that is question of interest of students in study. Within
effort of society for availability of university education to possibly greatest amount of citizens
criteria of admission to university study decreased in unacceptable way to the lowest possible
boundary which is mere interest of most of potential students to have university diploma but not to
study (Sasvariova et al. 2018). This implies also interest of students in education of law. Only
about 10% of students are really interested in deepening of their legal awareness. These are
students who actively cooperate with teacher during their classes and this is generally rewarded by
teacher in certain way. Rest of students pass the subjects just because they are compulsory and
without passing them completion of university study is not thinkable. This is similar with optional
subjects, passing of which is condition of passing of optional state exam from law. Law as state
exam subject is according to opinion of most of students of Faculty of management CU option of
lesser evil contrary to such subjects as Accountancy and Informatics.
De lege ferenda suggestions
Regarding contextual structure of university education and using knowledge and experience from
advocate practice and from work at university I suggest as appropriate to include chosen issues
from particular legal branches such as civil law, family law and criminal law in compulsory
education. In spite of possible initial disapproval by students and teachers of non-legal
universities, who do not fully realize consequences of ignorance of main legal institutes, this
would bring its fruit expressed in deeper legal awareness not only in areas of commercial or labor
law, but mainly in area of civil law, which, as branch of law, represents basis of all positive legal
disciplines. Napoleon was aware of this fact already by the end of 18th century and thanks to his
merit first Civil code in Europe (Code civil) was adopted in 1804 and this code serves until today
(Števček and Ivančo, 2017).
Coming out from structure of contentual orientation an also profile of graduates of management,
the paper analyzes conditions of legal education at non-legal faculties from view of author,
graduate of Law Faculty of Comenius University in Bratislava, educationally working for Faculty
of management. Gain will dwell mainly in personal experience from education of law at this
faculty and so gain of overview of either wider orientation on chosen legal issues with aim to
profile graduate, or on eventual narrowing of actual extent of legal education and connected
benefit for future work practice of graduates of Faculty of management.
According to Foltánová and Mazág (2013) regarding mass-media communication with
professional but also lay public apart from specification of particular legal areas and with purpose
of profiling of future manager author focused on clarification not sufficiently understood and also
necessary need of legal education at non-legal faculties and out of that flowing disinterest of
students in these subjects. In the paper author tries to point at inevitability of preparation of
graduates of Faculty of management in area of law and also to point at need for education of law
at other non-legal faculties.
Conclusion

In the area of university education, connection to Bologna declaration represents intensive process
through ministerial conferences. Traditional way of education, which would be inappropriate for
nowadays society, has undoubtedly changed. It is appropriate when the Bologna process focusses
mainly on equalization of quality of national systems of education and university study, mainly
when it comes to possibility of student and teachers mobility within various programs such
as ERASMUS+, for example. In this regard, however, also in our environment it is necessary to
adequately finance such processes of changes, so that also our students and teachers would be
interested in that process not only on the side of exchange stays but also on the side of appropriate
financing.
Coming out from conclusions of particular ministerial conferences, mainly ministerial conference
which took place in Budapest in March 2010 and subsequently in Vienna and conclusions of
which oriented mainly on preparation of new generation for needs of globalized world, it is
important to emphasize, that such preparation requires also other competences for new
professions, which will be successively created and stabilized in new system of administration of
society. Moreover, here need to financially support development of science and technology at
universities in appropriate way not only for state and public universities, but also for private
universities, in which there is also strong potential of young and competent talents, appears in
greater extent. This has also to do with changing economy, which has different structure and
requirements today compared to previous years.
We also cannot ignore difference and speed of activities on particular universities, which is also
dependent in large extent on management of these schools. However, if requirements on financing
of scholarship are being laid and simultaneously improvement of quality of management of those
schools and whole educational process is being emphasized, it is important to take into account
also increasing of demandingness in relation to students. Today, benevolence and decrease of
demands on knowledge are not appropriate anymore, mainly in external form of study. On the
contrary, it is important to heighten demandingness. If the partner relationship to students as main
object of university activities is being emphasized in Bologna process, it must be inevitably
preceded by or go „hand in hand“ with demandingness to oneself as teacher and also
demandingness to students.
Study at faculty of management represents wide-spectral education, which allows students an also
enables them to assert in many areas of social life, of private sector just as of public one. Entering
in professional practical life, however, necessarily requires perfect preparation and thorough study
of students. Today encyclopedia education or study from excerpts and elaborated answers to
questions for exams is not sufficient anymore. On the contrary, student will be more and more
expected to participate on systematic study with following application of deep knowledge in
practical life. For such graduates, and not only of Faculty of management, employment market
will by certainly open.
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