Module LAW3081: PHILOSOPHY OF LAW

Department: LAW

LAW3081: PHILOSOPHY OF LAW

Prerequisites

• None for Single and Joint Honours Law students. For other students, a suitable module from another Department.

Corequisites

• None.

Excluded Combination of Modules

• None.

Aims

• This module is designed to introduce you to some of the major authors and issues within Anglo-American and Continental Jurisprudence.

Content

• We will begin by examining some theoretical questions about the nature of law, the role of the courts, and the relationship between law and morality. Why do we need law? What problems of social cooperation can we expect law to solve? What makes law different than other systems of regulation, such as moral codes, social conventions, or the rules of a game? What do judges do when they are interpreting the law? Are they merely interpreting what the law is, or are they actually creating new law? What is the connection between law and morality, and how do rules of law and moral judgments interact and relate?
• After that we will be following the trajectory of a "pure moral philosophy". What is obligation? By inquiring into the possible foundations of obligation we will be lead to reflections about freedom, autonomy and end. Can we reasonably conceive of the concept of obligation without reference to freedom? What is freedom? What is the relation of a concept of freedom presupposed by morality to a concept of freedom contested by natural science? How do freedom and autonomy relate? Finally, how do all these concepts fit into a system of positive law and political power? Does free morality condition the socio-legal system or does this system condition free morality?
• We will then take up some issues of distributive justice, examining various approaches to determining how the benefits and burdens of social cooperation should be distributed. To what extent should we attempt to redistribute wealth to the less fortunate in our society? Can such redistribution be morally justified, or is any attempt at redistribution an impermissible interference with people???s rights? To what extent should people be held responsible for the results of their own choices, and to what extent should the government intervene to rectify the effects of luck?
• The final block will deal with problems stemming from the so-called historicity of law and morality. Why did the historical nature of law and morality at some point in history seem so important and how has the emphasis on it changed the way we think about law and morality? How does the concept of historic fate fit into the picture? What is meant by the "end of history"?

Learning Outcomes

• By the end of the module:
• Students should be able to demonstrate a broad understanding of some of the major issues, arguments, and authors within legal, moral, and political philosophy

• The course focuses on abstract issues, but these have important practical applications. Many real-world disputes are driven by arguments over the nature of law, the role of the courts, the relationship between law and morality, and differing concepts of justice, fairness, and equality. By the end of the module students should be able to identify these fundamental issues, engage in philosophical analysis and argument regarding these fundamental issues, and demonstrate how to apply abstract philosophical principles to concrete real-world situations.
• Analyse and present philosophical arguments about law, rights and justice.

• Students should be able to:
• Demonstrate developed research and writing skills, including the ability to work independently and to take responsibility for their own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• The modes of teaching, learning and assessment have been chosen in order to facilitate the achievement of the learning outcomes of the module.
• Lectures will concentrate on developing students' knowledge of the subject area and introducing students to the relevant critical, analytical and evaluative skills.
• Tutorials will be used to develop students' critical and analytical skills and their understanding of the subject area.
• The modes of assessment will encourage independent learning and research skills and will examine students' ability to meet the learning outcomes of the module.

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University